Module I
Module I
Lesson 4 presents the issues and challenges on governance. In here, students are
required to give their insights and opinions with regards to the issues and challenges
2
presented. Reforms, initiatives and solutions to these challenges are also discussed.
The students are likewise welcome to give their comments and suggestions. This is to
realize the CL (Collaborative learning) process. Collaborative Learning
(CL)
encourages active student participation in the learning process. It encompasses a set of
approaches to education, sometimes also called cooperative learning or small group
learning. CL creates an environment "that involves students in doing things and thinking
about the things they are doing", and reaches students who otherwise might not be
engaged. Finally, CL is one teaching strategy among many, each of which can play a
role to make learning an active and effective process.
Before discussing the first part of the module, the teacher explains first the
academic outcomes and the related grading criteria, major course assignments,
deadlines, rationale and other particulars of course.
General Objectives:
Upon the use and application of this module as a guide for learning, the students
should be able to:
1. Describe the development of the definition of governance as well as the current
perspectives on the word governance;
2. Discuss sustainable human development and the new public management;
3. Discuss the functional and critical role of the different key players of governance;
4. Define the meaning and essence of good governance and internalize the
importance of good governance in the development process;
5. Apply governance concepts and perspectives to a variety of real world situations;
6. Appreciate the role of UNDP and other international institutions in the
development processes.
7. Manifest higher order thinking skills such as mental inquisitiveness, critical
thinking as well as reflective thinking when given situations or issues related to
governance.
2.
Set their expectations on the course; on the instructor and on their classmates.
3.
Pedagogical Activities:
Before the start of lesson 1, the teacher first gives an introduction of the course.
This orients the students on the rationale, description and objectives of the course.
Students are also introduced to one another.
Below are some examples of activities/exercises to introduce students to one another
and to set their expectations.
Activity 1 Getting to Know You
This activity is divided into three parts:
Part I
The students are given a card on which he/she draws a symbol/icon that would best
represent him/her.
Part II
Each student picks one card with a logo/icon and locates who made the card and
interviews the owner.
Part III
In the bigger class, each student introduces the person he/she interviewed to the group
based on the information gathered.
My Expectations
The class shall be divided into four groups
1. In each groups, each student is given metacards on which to write expectation
on the course, the instructor and peers.
2. Each member of the group reads his/her expectations/
3. The leader facilitates the sharing while the recorder writes the common answers
on a manila paper
Lesson 1
THE STUDY OF POLITICAL SCIENCE
What is Political
Science? Getting to a
Definition
This is the first leg of the module on governance. In this module, the instructor
provides a practical introduction in the study of governance and development to analyze
an array of definitions and meaning of the concept of governance. Later on, the
students will be asked to crystallize their own notion of governance and how it may be
applied in the real world.
Specific Objectives
At the end of the lesson, the learners should be able to:
1. Explain the significance of the shift in how people and nations perceive
governance and how it differs from government;
2. Critically define the meaning of good governance;
3. Discuss the inter-relationship between the concept of governance and new public
management (NPM);
4. Comment on and criticize the meanings and implications of various definitions
of governance and develop your own definition of the concept of governance;
5. Trace the evolution of new public management which led to the definition of
governance;
6. Synthesize the related and theoretically related concepts of governance;
suggested teaching
1. Semantic Mapping
The students will be grouped into small groups and each will be asked to come
up with a semantic map on the generic concepts of governance.
governance is
6. Team-Oriented/Cooperative Learning
To facilitate greater interaction among students and to enhance team-oriented
and cooperative learning, students in the class will be grouped into teams of five.
Though significant amounts of class time will not be spent on team activities, the
purpose of this learning strategy is to allow for greater clarification, elaboration, and
discussion of the subject matter among team members and to minimize the
impersonality of a large lecture class setting. Frequent use of this learning strategy will
lead to better understanding and enjoyment of the subject matter as well. You will also
develop some skills of team-work, such as task focus, collaboration, listening,
encouragement of each other, and sharing of idea.
7. Concept Paper: Each student is expected to provide one-page write-ups on concepts
discussed on lesson 1. This assignment would be most helpful if the student would
submit each concept page within a week of the concepts discussion in class.
THE CONCEPT OF GOVERNANCE
In most dictionaries government and governance are interchangeably used,
both denoting the exercise of authority in an organization, institution or state.
Government is the name given to the entity exercising that authority. Authority can
most simply define as legitimate power. Whereas power is the ability to influence the
behavior of others, authority is the right to do so. Authority is therefore the based on an
acknowledged duty to obey rather than on any form of coercion or manipulation. Weber
distinguished between three kinds of authority, based on the different grounds upon
obedience can be established; traditional authority is rooted in history, charismatic
authority stems from personality and legal-authority is grounded in a set of impersonal
rules. To study government is to study the exercise of authority. (Heywood, 1997)
Government is closely related to politics.
To study politics is in essence to study government or more broadly, to study the
exercise of authority. Politics is the art of government, the exercise of control within the
society through the making and enforcement of collective decisions. (Heywood 1997)
The realm of politics is restricted to state actors who are consciously motivated by
ideological beliefs, and who seek to advance them through membership of a formal
organization such as a political organization. This is the sense in which politicians are
described as political whereas civil servants are seen as non political, the state as
public and the civil society as private. The institutions of the state (the apparatus of
the government, the courts, the police, the army, the society-security system and so
forth) can be regarded as public in the sense that they are responsible for the
collective organization of the community life. Moreover, they are funded at the publics
expense, out of taxation. In contrast, civil society consists of what Raymund Burke
called the little platoons, institutions such as the family and kinship groups, private
businesses, trade unions, clubs, community groups and so on that are private in the
sense that they are set up and funded by individual citizens. On the basis of this
public/private life division, government is restricted to the activities of the state itself and
the responsibilities which are properly exercised by public bodies. Although civil society
can be distinguished from the state, it nevertheless contains a range of institutions that
are thought as public in a wider access.
One of its crucial implications is that it broadens our notion of the government
transferring the economy in particular from the private to the public realm. Now, the
conception of politics and government move beyond the narrow realm of government to
what is thought as public life or public affairs. Since, the government doesnt only
decide for all and the civil society and the private sectors play vital role in the
community, thus, the conception of the word governance. Governance is a broader
term than government. In its widest sense, it refers to the various ways in which social
life is coordinated. Government can therefore be seen as one of the institutions in
governance; it is possible to have governance without government. (Heywood, 1997)
Governance: Varying Definitions
Governance is:
1. The traditions and institutions by which authority in a country is exercised
Kaufman et al
2. The way power is exercised through a countrys economic, political, and
social institutions. the World Banks PRSP Handbook.
3. The sound exercise of political, economic, and administrative authority to
manage a countrys resources for development. It involves the
institutionalization of a system through which citizens, institutions,
organizations, and groups in a society articulate their interests, exercise their
rights, and mediate their differences in pursuit of the collective good (Country
Governance Assessment 2005).
4. The exercise of economic, political, and administrative authority to manage a
countrys affairs at all levels. It comprises mechanisms, processes, and
institutions through which citizens and groups articulate their interests, exercise
their legal rights, meet their obligations, and mediate their differences. UNDP.
5.
6.
refers to how any organization, including a nation, is run. It includes all the
processes, systems, and controls that are used to safeguard and grow assets.
(UNDP, 1997)
7.
The systems, processes and procedures put in place to steer the direction,
management and accountability of an organization. Birmingham City Council.
When applied to organizations that operate commercially, governance is often
termed "corporate governance"
8.
9.
"a system by which business organizations are directed and controlled".- OECD
10.
11.
12.
who is engaged in the process and how account is rendered. (IOG, 2006) The Institute
also provides a framework to further establish the concept of governance as shown
1
below .
Figure 1
The need for governance exists anytime a group of people come together to
accomplish an end. Most agree that the central component of governance is decisionmaking. It is the process through which this group of people make decisions that direct
their collective efforts. (See figure 1)
Figure 2
Source: Institute of Governance http://www.iog.ca/
If the group is too large to efficiently make all necessary decisions, it creates an
entity to facilitate the process. Group members delegate a large portion of the decisionmaking responsibility to this entity. In voluntary sector organizations this entity is the
board of directors. One simple definition of governance is "the art of steering societies
and organizations." Governance is about the more strategic aspects of steering, making
the larger decisions about both direction and roles.
Some observers criticize this definition as being too simple. Steering suggests
that governance is a straightforward process, akin to a steersman in a boat. These
critics assert that governance is neither simple nor neat by nature it may be messy,
1
The Institute of Governance (IOG) is a Canadian, non-profit think tank founded in 1990 with the mission to
improve governance for public benefit. For further information visit their website at www.iog.org
tentative, unpredictable and fluid. Governance is complicated by the fact that it involves
multiple actors, not a single helmsman.
These multiple actors are the organization's stakeholders. (See figure 2) They
articulate their interests; influence how decisions are made, who the decision-makers
are and what decisions are taken.
Figure 3
Source: Institute on Governance http://www.iog.ca
Decision-makers must absorb this input into the decision-making process.
Decision-makers are then accountable to those same stakeholders for the
organization's output and the process of producing it. see Fig.3
Encompassing all three, good governance defines the processes and structures that
guide political and socio-economic relationships.
Governance encompasses the state, but it transcends the state by including the
private sector and civil society organizations. What constitutes the state is widely
debated. Here, the state is defined to include political and public sector institutions.
UNDP's primary interest lies in how effectively the state serves the needs of its people.
The private sector covers private enterprises (manufacturing, trade, banking,
cooperatives and so on) and the informal sector in the marketplace. Some say that the
private sector is part of civil society. But the private sector is separate to the extent that
private sector players influence social, economic and political policies in ways that
create a more conducive environment for the marketplace and enterprises.
Civil society, lying between the individual and the state, comprises individuals
and groups (organized or unorganized) interacting socially, politically and economically regulated by formal and informal rules and laws.
GOVERNANCE & SUSTAINABLE HUMAN DEVELOPMENT:
UNDP believes that developing the capacity of good governance is the primordial
way to eliminate poverty. Notions of good governance and the link between
governance and sustainable human development vary greatly, however, both in
2
academic literature and among development practitioners . (UNDP, 1997)
So, what is sustainable human development?
Human development as expanding the choices for all people in society. This means that
men and women - particularly the poor and vulnerable - are at the centre of the
development process. It also means "protection of the life opportunities of future
generations...and...the natural systems on which all life depends" (UNDP, Human
Development Report 1996). This makes the central purpose of development the
creation of an enabling environment in which all can enjoy long, healthy and creative
lives.
Economic growth is a means to sustainable human development - not an end in itself.
Human Development Report 1996 showed that economic growth does not automatically
lead to sustainable human development and the elimination of poverty. For example,
countries that do well when ranked by per capita income often slip down the ladder
when ranked by the human development index. There are, moreover, marked
disparities within countries - rich and poor alike - and these become striking when
human development among indigenous peoples and ethnic minorities is evaluated
The United Nations Development Programme (UNDP) has been at the forefront of the growing
international consensus that good governance and sustainable human development are
indivisible.
separately.
There are five aspects to sustainable human development - all affecting the lives of the
poor and vulnerable:
The discussions on the Art of Governing is an exceprt from (From Government to Governance)(2005)
Reflections of Ledivina C. Carino of the University of the Philippines, National College of Public
Administration & Governance, (UP-NCPAG) on the Concept of Governance as an off-shoot of the
(World COG)
The discussions on the Millennium Declaration as well as the comprehensive discussions of MDG are
reflected on Module 2 of this course.
Theories of Governance
If Max Weber and Woodrow Wilson were to suddenly appear on the landscape of
modern public administration, normative theories in hand, it is likely they would be
unable to recognize the field of governance. The comprehensive, functionally uniform,
hierarchical organizations governed by strong leaders who are democratically
responsible and staffed by neutrally competent civil servants who deliver services to
citizens to the extent they ever existed are long gone. They have been replaced by
an organizational society in which many important services are provided through multi
organizational programs. These programs are essentially interconnected clusters of
firms, governments, and associations which come together within the framework of
these programs (Hjern and Porter, 1981, pp. 212-213).
These implementation structures operate within a notion of governance about
which a surprising level of consensus has been reached. There is a pervasive, shared,
global perception of governance as a topic far broader than government; the
governance approach is seen as a new process of governing, or a changed condition
of ordered rule; or the new method by which society is governed (Stoker, 1998, p. 17).
Similarly, in the scholarship that has followed the Reinventing Government themes of
public effectiveness; much has been written of New Public Management practices by
which governance theory is put into action (Mathiasen, 1996; Lynn, 1996, 1998; Terry,
1998; Kelly, 1998; Peters and Pierre, 1998).
In this complex, devolved mode of service delivery, the unit of analysis for some
students of policy implementation is the network of nonprofit organizations, private firms
and governments. As Milward and Provan note, in policy arenas such as health, mental
health, and welfare, "...joint production and having several degrees of separation
between the source and the user of government funds...combine to ensure that
hierarchies and markets will not work and that networks are the only alternative for
collective action" (2000, p. 243).
The discussions below describe the relationship of governance and other Public
Administration theories, the New Public Management, in particular.
The (mostly European) literature on governance and the increasingly international
scholarship on New Public Management (NPM) describe two models of public service
that reflect a reinvented form of government which is better managed, and which takes
its objectives not from democratic theory but from market economics (Stoker, 1998).
While some use the terms interchangeably (for example, Hood, 1991), most of the
research makes distinctions between the two. Essentially, governance is a political
theory while NPM is an organizational theory (Peters and Pierre, 1998). As Stoker
describes it,
Governance refers to institutions and actors from within and beyond government.
(But there is a divorce between the complex reality of decision-making associated with
governance and the normative codes used to explain and justify government). The
question, as it relates to policy implementation, is one of legitimacy. The extent to which
those with decision-making power are seen to be legitimate (in the normative sense) will
directly impact their ability to mobilize resources and promote cooperation and build and
sustain partnerships. Thus, the normative dilemma has pragmatic overtones. Beetham
suggests that for power to be legitimate it must conform to established rules; these rules
must be justified by adherence to shared beliefs; and the power must be exercised with
the express consent of subordinates (1991, p. 19).
2.
research area that has grown in scope and importance following the implementation of
welfare reform is the study of faith-based organizations role and
impact in service delivery. Public agencies have not merely endorsed or encouraged
this partnership, but in some cases have institutionalized these arrangements. This
suggests a shift in responsibility beyond the more traditional notions of contracting out
and privatization. At the same time, all of these activities contribute to uncertainties on
the part of policy makers and the public about who is in charge and who can be held
accountable for performance outcomes. Implementation theory must attend to the
nature and impact of responsibility and accountability.
3.
4.
5.
Governance recognizes the capacity to get things done which does not rest on the
power of government to command or use its authority. (But even so, government
failures may occur.) It is in this proposition that we find a natural progression from the
more encompassing theory of governance to the more prescriptive notions of New
Public Management. Stoker notes that within governance there is a concerted
emphasis on new tools and techniques to steer and guide. The language is taken
directly from reinventing themes. The dilemma of governance in this context is that
there is a broader concern with the very real potential for leadership failure, differences
among key partners in time horizons and goal priorities, and social conflicts, all of
which can result in governance failure. Stoker draws on Goodin as he suggests that
design challenges of public institutions can be addressed in part by revisability,
robustness, sensitivity to motivational complexity, public defendability, and variability to
encourage experimentation (Stoker, 1998, p. 26, quoting from Goodin, 1996, p. 39-43).
As Peters and Pierre note, governance is about maintaining public-sector
resources under some degree of political control and developing strategies to sustain
governments capacity to act in the face of management tools that replace highly
centralized, hierarchical structures with decentralized management environments where
decisions on resource allocation and service delivery are made closer to the point of
5
delivery (1998, p. 232) .
Evaluation
Essay:
1.) What is your understanding of the concept of governance? and What is
your own concept of governance. Explain.
2.) Explain the shift of government to governance.
3.) Discuss the theories of governance and New Public Management.
4.) Discuss the significance of governance in the development process.
Activities:
1. Make a matrix summarizing the main points stressed by various theories and
concepts and models of governance. Explain your output.
2. Written Report: The Importance of Governance & Development and its interrelationship (individual output)
3. A project: Make a poster/collage/diorama that shows the significance of
governance.
Assessment of the Concept Paper
Each submission will be assessed on the following
1. identification of concept (2 points),
2. description of the concept (4 points),
3. application or example of the concept (4 points).
The report is typewritten and not to exceed one page.
Rubric for the output in the Journey Wall Activity.
The output of the groups will be evaluated based on the following criteria:
-concept relatedness
10points
30%
- creativity
5 points
20%
- teamwork
5 points
20%
- workmanship
5 points
20%
total
25 points
100%
Also refer to Ewalt, Jo Ann G. (2001) Theories of Governance and New Public Management: Links to
Understanding Welfare Policy Implementation; A Second Draft. A Paper Presented at the Annual Conference
of the American Society for Public Administration.
Lesson 2
The Key Actors in Governance
SPECIFIC OBJECTIVES: at the end of the lesson, the students should be able to:
1. Identify the different actors in governance;
2. Critically explain the role of each player in the governance process;
3. Critique on the current efforts of these key actors in the any governance
endeavors;
4. Illustrate the inter-relationship of the role of the key actors in governance;
5. Discuss some of the lessons and best practices in the governance of
partnerships.
6. Critically assess the involvement of Civil Society organizations and the private
sectors in governance.
Pedagogical Activities:
1. Multi-Media Instruction
Distribution of handouts on Lesson 2
3.2 PowerPoint Presentation on Lesson 2
3.3 Venn Diagram
2. Panel discussion/Debate - Exchange of opinions to analyze, clarify and
reach conclusions about issues, questions and problems on the role of the different
key actors in governance.
3. FGD- Focused Group Discussion. (Meta-planning)
The students are going to answer the focus questions in a meta card.
The answer should only be 5-8 words per meta card. Answers should be written
in BOLD letters.
4. Paper/Oral Presentation: This is designed as a vehicle for the students to
research and describe the role of each key actor in governance as well as their
interplay in the governance process. This is also to express an evaluation of its
impact to any governance endeavors like in policy formulation. The paper is due
after the FGD.
Each group (state, civil society and business sector) will orally
present (maximum of 10 minutes) their paper during the class. Fellow students
listening to the presentation will provide a peer review of the presentations.
Critique and synthesis is done by the instructor at the end of each or all
presentations.
5. Role-Playing- The deliberate acting out of a role.
critical role of each key players of governance.
LESSON PROPER
The management of public affairs is not an exclusive domain of government and
the concept of governance goes beyond the realm of the state or public sector. It
also involves the Civil Society which comprises of schools/academe, nongovernment organizations (NGO), Peoples Organization, Voluntary Organizations,
and the Private or the Business Sectors. The involvement of these sectors is
based on their common interest and similar aspirations committed to the same
public concerns. As Louise Frechette, Deputy Secretary General of the UN said,
Governance is not something the state does to society, but the way society itself,
and the individuals who compose it, regulate all the different aspects of their
collective life.
Figure 4
Key Actors in Governance
State/
Public
Sector
Civil
Society
Business
Sector
As part of the state, the local government performs a crucial role in the efforts of
the national government in implementing its programs and projects. The Local
government is the real actor in effecting governance and development.
The Local Government
The Local Government is an avenue where the civil society groups at the
community level can participate meaningfully in the decision making processes. By
virtue of the powers and authority provided in the Local Government Code of 1991, local
government formulates and defines the legal and regulatory framework. This serves as
the basis for the involvement and participation of the various organizations and groups
in the governance of the community.
The Local Government also maintains a political order and provides the
necessary resources such as technical expertise and infrastructure to the various
groups, most especially to those who are places at disadvantaged position.
As an enabler, the local government likewise provides the environment for the
development of full potentials of its citizens guided by the overarching goals of
respecting, protecting and fulfilling basic human rights for all and of empowering
everyone to shape their own destiny under a regime in which the realization of basic
rights is guaranteed (J. Natividad, Rights-Based Philippine Governance Review, DAP,
2005: 21)
ADB also outlined the role of the STATE and the key milestone in governance as
shown below.
Roles of the States and Key Milestones in Governance
Table 1
Key Milestones
Sound Development
Management Roles of the
State
1. Creating a conducive
economic environment
3. Improving government
efficiency and responsiveness
5. Decentralizing the
administrative system
The Country Governance Assessment of the Philippines is prepared by the Philippine Governance Assessment
Study Team headed by the Team Leader Alex B. Brillantes Jr. of the UP National College of Public Administration
& Governance.
The Philippines has a large and very vibrant Third Sector with a long history
dating back to its colonial years. The total number of civil society organizations is
estimated to between a low of 249,000 to a high of 497,000 (Cario, 2002: 84). Ma.
Oliva Z. Domingo also discussed in her paper entitled: Third Sector Governance:
Meanings, Issues, and Challenges in the Philippines, the Civil Society is the third
sector governance.
The extensive use of the term governance in the literature and day-to-day
operations of Third Sector organizations precedes the now current, broader meaning
popularized by the UNDP. Brian OConnells work published in 1985, identifies
governance as a basic role for the boards of voluntary organizations (1985: 22). An
even much earlier work describes alternative governance models for nonprofit
universities (Baldridge et al, 1997). Scholars writing on Third Sector organizations make
fine distinctions between governance and management (Wood, 1996: 3-4), or even with
administration (Lyons, 2001: 123-124), but affirm that the term governance captures the
scope of the special kind of management applicable to these organizations.
Within the broad view of governance, Third Sector organizations play a key role
as they engage in programs and deliver services in areas where government is absent
or where the private sector is not interested in. They facilitate political and social
integration by mobilizing and empowering people to participate in economic, social, and
political activities. Within the Third Sector itself, governance generally refers to the
exercise of governing functions by responsible persons. In this sense, the term has an
inward looking perspective, an internal relevance for Third Sector organizations.
Whether in the broad or the internal point of view, Third Sector organizations are
called upon to respond to the challenge of good governance. In order to do so, the
Sector needs to clarify the meanings, issues, and role expectations associated with the
concept of governance.
In local governance, a critical role that the civil society plays is that it provides the
forum for the airing of grievances, complaints, concerns, issues and problems among
the populace. Specifically, it provides voice to the inarticulate and the unarticulated. It
also performs some political role in the community by serving as an instrument of
checks and balances on the power of the state or local government and the business
sector behavior. It is seen as a claim holder of basic human rights. And most of all, it
can serve as an alternative delivery mechanism for the frontline services.
Some civil society organizations engage primarily in the critique of existing policy
and the advocacy of what to them are more appropriate policies for the good of the
nation. In authoritarian regimes which close avenues of citizen access to policy
formulation, some groups maybe forced to go underground and work for the ouster of
the regime itself. But even in the most democratic states, there will be no lack of critics
that press for regime change and drastic policy reversals. NGOs may also go beyond
opposition and debate into competing with governments own delivery system,
demonstrating that the alternative mechanisms they advocate are capable of being
implemented on the ground.
Other civil society organizations may extend the governments delivery system by
mobilizing people to prove themselves eligible to receive government social services, or
providing their own services in areas unreached by the public bureaucracy. The
government may complement NGOs in turn by providing the needed scaling up and
referral system for their relatively smaller programs.
In relations to this, there are other possible directions to strategic directions for
active civil society participation in good governance. In general terms, this means
supporting efforts to promote partnerships between government and civil society.
These maybe in designing, implementing, monitoring, and evaluating programs and
projects. This can also mean identifying areas where civil society can either
complement or supplement the efforts of the Government to deliver services, or even
serve as alternative mechanisms altogether. ADB (2005)
3. The Private or Business Sector - Corporate Governance
In a governance parlance, the private/business sector serves as the
engine of the society. It is an important collaborator in the economic development of the
community. It generates jobs and incomes for the people in the community. Because
of its resources such as financial and technical expertise, it can assist the local
government in coming up with an economic plan for the community and help in the
implementation of the plan. It can also provide the needed resources for the
government to enable it to pursue big and wide scale projects that are beyond the local
governments financial capability. Efficiency and economy are expected outputs or
products of corporate governance. The state provides a level playing field for those
able to compete, and turns its attention to the provisions of safety nets for those unable
to do so.
In the field of information technology, the private sector can help the local
government in the development of technologies that would help proper the growth and
development of the economy of the community. In this connection, the private sector
can assist the local government promote the transfer of technology such as the
application of spatial planning and decision support systems for effective local
governance.
The participation of market and civil society in governance adds new role to the
state and that is of building partnerships and linkages to the two sectors. Moreover,
their engagement of the state shifts the social picture from elite control to active
citizenship.
Figure 5
Urban
Actors
In developed and developing countries alike, the state is being compelled to redefine
its role in social and economic activity - to reduce it, reorient it, reconfigure it. The
pressures for change stem from three sources:
The private sector wants a more conducive market environment and a better
balance between state and market.
Global pressures from supranational and worldwide social and economic trends
are challenging the identity and nature of the state.
The private sector wants a more conducive market environment and a better
balance between state and market.
Global pressures from supranational and worldwide social and economic trends
are challenging the identity and nature of the state.
Ensuring that the poor (especially women) have easy access to credit.
Civil society
Civil society also has to protect the rights of all citizens. As the state and the
private sector are being reshaped and their relationships redefined, civil society is
changing in important ways. Unresponsive government and unrelenting economic and
social pressure have undermined some traditional civil society organizations and
strengthened others - and in many cases forced people to organize in new ways. Civil
society is thus more than just society. It is the part of society that connects individuals
with the public realm and the state - it is the political face of society.
government and the private sector; government-funded NGOs also straddle two
camps). Edgar et. al (2006)
EVALUATION:
1.
Action Areas
Policy Formulation
Service Delivery
Education
Advocacy
&
Monitoring
Evaluation
&
What
other
opportunities/potentials for
complementation
and partnership can you
suggest?
LESSON 3
The Characteristics of Good Governance
Specific Objectives
At the end of the lesson, the learners should be able to:
4. Collage-making
The students are going to prepare a collage depicting the good practices on good
governance.
Wha t is g o o d g o ve r na nc e ?
Like government, governance can be good or bad. Bad government and bad
governance have similar characteristics: Corruption, Whimsical and Expedient Decision6
Making, Shortsightedness, disregard for the concern of the many and decisions . In the
same vein, the criteria for good governance and would be the same
as good governance. They include accountability and ethics in decision-making and
implementation, transparency and predictability, rule-bound decision-making and action,
responsiveness, a long term view of the public interest. The public should therefore
have a right to expect laws, a fair judicial system, politically accountable lawmaking and
an effective and reform-minded bureaucracy.
One goal of good governance is to enable an organization to do its work and
fulfill its mission. Good governance results in organizational effectiveness.
A lot of attention has been focused on good governance practices in the private
sector in Canada, the United States, the United Kingdom, and elsewhere. In the
corporate world of business, the bottom line provides a helpful focus point, but even
here there can be difficult questions of judgment as to what constitutes good
governance. Current debate about corporate governance is just starting to look at
questions about the broader purposes of private corporations. The private sectors are
expected to provide corporate social responsibility which seeks to include sustainable
development and the need to address the social, economic and environmental impact of
various operations.
In the public and non-profit sectors, the question of what constitutes good
governance is often more complex. In public purpose organizations, good governance is
about more than getting the job done. Especially in non-profits, government agencies
and the like, where values typically play an important role in determining both
organizational purpose and style of operation, process is as important as product. Good
governance becomes more than only a means to organizational effectiveness and
becomes an end in itself.
Good governance is about both achieving desired results and achieving them in
the right way.
Since the "right way" is largely shaped by the cultural norms and values of the
organization, there can be no universal template for good governance. Each
organization must tailor its own definition of good governance to suit its needs and
values.
The Concept of Governance, Ledivina V. Carino, From Government to Governance, Reflections on the 1999
World Conference on Governance. 2000.
The challenge for all societies is to create a system of governance that promotes,
supports and sustains human development - especially for the poorest and most
marginal. But the search for a clearly articulated concept of governance has just begun.
Good governance is, among other things, participatory, transparent and
accountable. It is also effective and equitable. And it promotes the rule of law. Good
governance ensures that political, social and economic priorities are based on broad
consensus in society and that the voices of the poorest and the most vulnerable are
heard in decision-making over the allocation of development resources.
These core characteristics represent the ideal - and no society has them all. Even
so, UNDP believes that societies should aim, through broad-based consensus-building,
to define which of the core features are most important to them, what the best balance
is between the state and the market, how each socio-cultural and economic setting can
move from here to there.
UNDP is faced increasingly with post-crisis situations and disintegrating societies.
For them, the issue is not developing good governance - it is building the basic
institutions of governance. The first step is towards reconciliation - building society's
ability to carry on a dialogue on the meaning of governance and the needs of all citizens
Good governance has 8 major characteristics. It is participatory, consensus oriented,
accountable, transparent, responsive, effective and efficient, equitable and inclusive and
follows the rule of law. It assures that corruption is minimized, the views of minorities are
taken into account and that the voices of the most vulnerable in society are heard in
decision-making. It is also responsive to the present and future needs of society.
Participation
Participation by both men and women is a key cornerstone of good governance All
men and women should have a voice in decision-making, either directly or through
legitimate intermediate institutions that represent their interests. Such broad
participation is built on freedom of association and speech, as well as capacities to
participate constructively. Participation could be either direct or through legitimate
intermediate institutions or representatives. It is important to point out that
representative democracy does not necessarily mean that the concerns of the most
vulnerable in society would be taken into consideration in decision making. Participation
needs to be informed and organized. This means freedom of association and
expression on the one hand and an organized civil society on the other hand.
Rule of law
Legal frameworks should be fair and enforced impartially, particularly the laws on
human rights.
Good governance requires fair legal frameworks that are enforced impartially. It
also requires full protection of human rights, particularly those of minorities. Impartial
enforcement of laws requires an independent judiciary and an impartial and
incorruptible police force.
Transparency
Transparency is built on the free flow of information. Processes, institutions and
information are directly accessible to those concerned with them, and enough
information is provided to understand and monitor them.
Transparency means that decisions taken and their enforcement are done in a
manner that follows rules and regulations. It also means that information is freely
available and directly accessible to those who will be affected by such decisions and
their enforcement. It also means that enough information is provided and that it is
provided in easily understandable forms and media.
Responsiveness
Institutions and processes try to serve all stakeholders. Good governance
requires that institutions and processes try to serve all stakeholders within a
reasonable timeframe.
Consensus oriented
Good governance mediates differing interests to reach a broad consensus on what
is in the best interests of the group and, where possible, on policies and procedures.
There are several actors and as many view points in a given society. Good
governance requires mediation of the different interests in society to reach a broad
consensus in society on what is in the best interest of the whole community and how
this can be achieved. It also requires a broad and long-term perspective on what is
needed for sustainable human development and how to achieve the goals of such
development. This can only result from an understanding of the historical, cultural and
social contexts of a given society or community.
Equity and inclusiveness
All men and women have opportunities to improve or maintain their well-being.
A societys well being depends on ensuring that all its members feel that they
have a stake in it and do not feel excluded from the mainstream of society. This requires
all groups, but particularly the most vulnerable, have opportunities to improve or
maintain their well being.
Figure 6
Characteristics of good
governance
1. Accountability
Accountability is imperative to make public officials answerable for
government behavior and responsive to the entity from which they derive their
authority. This maybe achieved differently in different countries or political
structures, depending on the history, cultural milieu, and value systems involved.
Accountability also means establishing criteria to measure the
performance of public officials, as well as oversight mechanisms to ensure that
standards are met. The litmus test is whether private actors in the economy
have procedurally simple and swift recourse for redress of unfair actions or
incompetence of the executive authority. Lack of accountability tends in time to
reduce the states credibility as an economic partner. It undermines the capacity
of governments to sustain the long-term business confidence essential for
growth-enhancing private sector investment. Looked at from this angle,
accountability can help reduce sovereign risk.
The accountability of public sector institutions is facilitated by evaluation of their
economic and financial performance. Economic accountability relates to the
effectiveness of policy formulation and implementation, and efficiency in resource
use. Financial accountability covers accounting systems for expenditure control,
and internal and external audits.
2. Participation
The principle of participation derives from an acceptance that people at
the heart of development. They are not only the ultimate beneficiaries of
development but are also the agents of development. In the latter capacity, they
Table 2
Basic Elements of Good Governance
Key Dimensions
Basic Elements of
Specific Areas of
Good Governance
Action
1. Accountability means
Establishing criteria to
Public Sector
making public officials
measure performance of Management
answerable for
public officials
Public Enterprise
government behavior and Institutionalizing
Management
responsive to the entity
mechanisms to ensure
Public Financial
from which they derive
that standards are met
management
Civil Service Reform
authority
2. Participation refers to Undertaking development Participation of
enhancing peoples
for and by the people
beneficiaries and affected
access to and influence
groups
on public policy
Interface between
processes
government and the
private sector
Decentralization of public
and service delivery
functions (empowerment
of Local Governments)
Cooperation with NonGovernment
Organizations
3. Predictability refers to Establishing and
Law and development
the existence of laws,
sustaining appropriate
Legal Frameworks for
regulations and policies
legal and institutional
Private Sector
to regulate society and
arrangements
Development
the fair and consistent
Observing and upholding
application of these
the rule of law
Maintaining consistency
of public policies
4. Transparency refers to Ensuring access to
Disclosure of Information
the availability of
accurate and timely
Information to the general information about the
public and clear
economy and
government rules,
government policies
regulations, and
decisions
Source: Asian Development Bank (2005) Country Governance Assessment
4. Accountability
Accountability decision-makers in government, the private sector and civil society
organizations are accountable to the public, as well as to institutional stakeholders. This
accountability differs depending on the organizations and whether the decision is
internal or external.
Transparency transparency is built on the free flow of information. Processes,
institutions and information are directly accessible to those concerned with them, and
enough information is provided to understand and monitor them.
5.Fairness
Equity all men and women have opportunities to improve or maintain their well being.
Rule of Law legal frameworks should be fair and enforced impartially, particularly the
laws on human rights.
As reflected on the discussions above, the different institutions and organizations
have their own indicators or criteria of good governance which they can apply in their
own organizations or as useful tool of government as measures in good governance.
Evaluation
20%
15%
15%
20%
100%
Lesson 4
Issues & Challenges on Governance
Specific Objectives
At the end of the lesson, the students should be able to:
1.) Describe the processes/factors pushing for governance and the capacities needed
for good governance;
2.) Highlight some of the key issues facing policy makers as they seek to advance the
growth and adoption of good governance in their domestic environment;
3.) Identify the key issues and questions where collaboration and cooperation are
needed;
4.) Cite the different problems, challenges and issues encountered by the different
actors in governance e.g the issue on corruption and the efforts to fight it at the
supranational level.
5.) Discuss the trends, efforts and challenges for good governance; and
6.) Identify the lessons learned and recommend solutions to realize good governance.
PEDAGOGICAL ACTIVITIES
Panel Discussion
The students are required to formulate their own ideas/perspectives on the
issues on governance. After which, a question and answer portion is allotted to give
light to issues regarding the topic and the teacher gives his/her synthesis at the end of
lesson.
Survey/ Interview
Interview any stakeholder in governance and ask the issues and challenges that
they encounter in any particular governance efforts like policy formulation and
implementation, advocacy, technical assistance etc. The data and information will be
used in the FGD to be conducted inside the classroom.
Lecture Discussion
The teacher requests the posting of results on the blackboard. Then he/she reads
the sentences formulated and makes pertinent comments.
Other Suggested Exercises and Activities
The following activities are lifted form The Social Artist's Field Handbook: Book
One of Dr. Jean Houston & Jan Sanders (2004). The teacher may opt to use this
exercises inside the class to facilitate creative and collaborative learning.
The teacher is advised to read about the trim tab factor and its parts namely:
chaos theory, trim tab, tipping point & keystone specie. This is to understand what each
part mean and in so doing, be able to apply to principles in real situation.
The Trim Tab Factor
Chaos Theory
7
In 1977, Ilya Prigogine won the Nobel Prize for his articulation of the
Chaos Theory which simply stated, is that, as a structure takes in more chaos
and information, eventually a new order of synthesis can, and will, emerge. One
needs to watch for the bifurcation point in an open system, often a place of quiet,
a still point, or a vortex in which a higher level of synthesis can emerge. This is a
choice moment. It would be like knowing the moment was right for doing
development differently
Chaotic situations make us uncomfortable. They involve the unknown;
they can be dangerous; only the nave, the idealistic, and the inexperienced
7
The activities above were introduced by Dr. Jean Houston, founder and program director of the International
Institute of Social Artistry during the trainors training on Decentralizing the Millennium Development Goals
Through Innovative Leadership: Using the Social Artistry
Although the drama seems spontaneous, such as a seed emerging through the
ground, these transformations are actually the predictable results of previous
people and nature not only for the present but also for later generations is now
widely accepted by state, market and civil society worldwide. People-
The Environmental
diverse scientific, social, and political movement. In general terms, environmentalists advocate the su
management of resources, and the restoration and protection of the natural environment through changes
3. Globalization
The global context
governance the final impact of which we cannot yet determine. First is the increasing
marginalization of certain population groups. Those who do not have access to the
technological/information revolution are in danger of becoming part of a structural
underclass. Second is the erosion of state sovereignty as transnational bodies
increasingly mediate national concerns and press for universal laws. Third is the
increased globalization of social and economic problems, such as crime, narcotics,
infectious diseases and the migration of labour. Finally, international capital and trade
are decreasingly accountable to sovereign states.
Governance can no longer be considered a closed system. The state's task is to
find a balance between taking advantage of globalization and providing a secure and
stable social and economic domestic environment, particularly for the most vulnerable.
Globalization is also placing governments under greater scrutiny, leading to improved
state conduct and more responsible economic policies.
Because each domain of governance - state, private sector, civil society - has
strengths and weaknesses, the pursuit of good governance requires greater interaction
among the three to define the right balance among them for sustainable peoplecentered development. Given that change is continuous, the ability for the three
domains to continuously interact and adjust must be built-in, thus allowing for long-term
stability. UNDP's Initiatives for Change recognizes that the relationships among
government, civil society and the private sector:
..are key determinants in whether a nation is able to create and sustain equitable
opportunities for all of its people. If a government does not function efficiently and
effectively, scarce resources will be wasted. If it does not have legitimacy in the eyes of
the people, it will not be able to achieve its goals or theirs. If it is unable to build national
consensus around these objectives, no external assistance can help bring them about. If it
is unable to foster a strong social fabric, the society risks disintegration and chaos.
Equally important, if people are not empowered to take responsibility for their own
development within an enabling framework provided by government, development will
not be sustainable.
Developing countries must ensure that everyone can participate in economic and
social development and take advantage of globalization. They must build a political
system that encourages government, political, business and civic leaders to articulate
and pursue objectives that are centered around people and a system that promotes
public consensus on these objectives.
The term "globalization" has acquired considerable emotive force. Some view it
as a process that is beneficiala key to future world economic developmentand also
inevitable and irreversible. Others regard it with hostility, even fear, believing that it
increases inequality within and between nations, threatens employment and living
standards and thwarts social progress. This brief offers an overview of some aspects of
globalization and aims to identify ways in which countries can tap the gains of this
process, while remaining realistic about its potential and its risks.
This was presented by Undersecretary Luis Liwanag in his paper presentation entitled The Role of Public
Administration in Governance on the National Conference on Public Administration and the Millennium
Development Goals in October 2004.
However, the strongest gains have been made by the advanced countries and only
some of the developing countries.
That the income gap between high-income and low-income countries has grown
wider is a matter for concern. And the number of the worlds citizens in abject poverty is
deeply disturbing. But it is wrong to jump to the conclusion that globalization has caused
the divergence, or that nothing can be done to improve the situation. To the contrary:
low-income countries have not been able to integrate with the global economy as
quickly as others, partly because of their chosen policies and partly because of factors
outside their control. No country, least of all the poorest, can afford to remain isolated
from the world economy. Every country should seek to reduce poverty. The international
community should endeavorby strengthening the international financial system,
through trade, and through aidto help the poorest countries integrate into the world
economy, grow more rapidly, and reduce poverty. That is the way to ensure all people
in all countries have access to the benefits of globalization.
Sources: www.imf.org/external/np/exr/ib/2000/041200.htm
4. Consolidating Peace
Another force pressing for governance is the need to consolidate peace in wartorn nations. This issue is rarely recognized as among the processes pushing for
governance. However, this unique perspective was brought to the force dramatically by
Hage Geingob, Prime Minister of Namibia, in his remarks to the World Cog. Countries
that have undergone a civil war, secession movements or the creation of a new state
out of the break-up of national territories have a specially strong imperative to get
everyone involved in the process of building a nation or affecting a national
reconciliation. In these situations, the coming together of the state, market and civil
society to manage societal affairs is not more rhetoric but a national urgency. It
requires bringing together former adversaries beyond the discussion table to the fields
of service in the cities and farms including those which were battlegrounds. This is not
only a lesson learned in Namibia.
In a recent study in Mali, Uganda, Thailand, Guatemala and the Philippines, as
countries emerging from internal conflict, all found governance particularly,
decentralizing governance-was necessary to make concrete the commitments of all
protagonists for peace. It entailed capacity building not only for state agencies in
dealing with former rebels, but also leadership and political skills training for those
former combatants so that they may take up social responsibilities side by side with
their military and civilian counterparts.
It required the private sector to regard them with new eyes, as potential
producers and consumers and therefore part of the market also (UNDP, 2000:25-34)
They were acknowledged as members of civil society even as other organizations of
that sector also recognized their role in affecting changes in governance for all and not
only for former adversaries. As Prime Minister Geingob stated, the tasks of nation
building must be seen by all as their responsibility and the resulting peace and
development their common ownership.
10
Most people agree that the constitutional and legal frameworks in the Philippines
provide the foundations for good governance. The policy environment allows peoples
participation and public scrutiny and criticism of government operations and outputs.
Further, the country has adequate laws, rules, and regulations to establish order and
move forward. While underdevelopment can easily be attributed to a lack of institutional
capacity and professional competencies to implement policies and enforce laws, certain
lessons learned and issues related to public policy making deserve mention. The
Philippine public policy-making process bears the following features: (i) policy decisions
and programs are arrived at through institutional mechanisms provided for in the
Constitution of the Republic of the Philippines and other laws; (ii) policy-making process
is then characterized as precedent bound, based on laws and forged by such structures
as a bicameral legislative body and the executive branch of the
Government; (iii) legislative branch is composed of the Senate and the House of
Representatives, while the president heads the executive branch of the Government
and is the prime initiator and implementer of policies and programs; and (iv) the
decisions of the legislative and executive branches are subject to judicial review by the
Supreme Court and inferior courts on questions of constitutionality and statutory
construction.
Different sets of forces each influence the different stages of public policy making,
namely, decisions on (i) including items in the agenda, (ii) developing any particular
agenda item, (iii) passing legislation, and (iv) implementing new laws. Different
constituencies exert their influences at different stages of policy development and
execution. Many policies have nonetheless missed out in giving importance to
meaningful public consultations, constructive debate and criticism, and needed
consensus building and development of a sense of ownership of different stakeholders.
Without these elements, and with extensive graft and corruption in the country (which
undermines and subverts the rule of law), many policies fail to command respect and
compliance.
It should also be made clear that policy initiatives for governance reforms could be
undertaken by the Government even without legislation. In these cases, one might
consider whether legislation is useful or not. The value of legislation is that it binds
public institutions to certain decreed directions. If one wants to assure the future
10
sustenance of any initiative currently carried out by the Government, legislation may be
considered. However, the Government tends to be too legalistic and rule bound in
addressing most of its problems.
Legislation is complicated, not under the complete control of any person or group,
and may have unpredictable results. Embarking on a campaign to get something
legislated cannot be a decision taken lightly or casually. In addition, successful
legislation generally occurs when the problems deemed important meet the solutions
deemed highly probable by political personalities or groups in positions of power.
Problems, policies, and politicians have to intersect for proper action to occur.
Legislation as an instrument for achieving desirable societal goals and institutionalizing
reforms is advisable when the underlying assumptions of policies have any or all of the
following characteristics:
(i) policies can only be optimally effective when adopted by the whole Government and
supported by stakeholders;
(ii) policies can yield best results only when implemented over the life of several
administrations;
(iii) policies can be accomplished only with adequate and judicious use of resources;
(iv)
policies can be accomplished by the Governments applying cost-effective
measures and using available technology and resources;
(v)policies, when deliberated and agreed, would create a framework for many people and
groups to assume broader responsibilities on an institutional basis.
A policy needs to be very clear and specific about the:
(i) nature and magnitude of the problem being addressed;
(ii)basic mechanism for responding to the problem;
(iii) standards and provisions for making the mechanism work;
(iv)
system of responsibilities and accountabilities for coordination, implementation,
control, and review of results; and
(v)organizational and budgetary implications.
These elements are often deficient in many public policies. It is common to have layers
of rules and regulations to clarify policy provisions, not to mention sets of procedures to
inform and guide implementers and stakeholders.
Some policy initiatives may not be ready to be pursued because the data and
analysis necessary to make a decision may be unavailable. In these cases, research is
probably more appropriate than formulating a new policy or draft legislation. Some
policies are haphazardly and hastily developed and scarcely take into account
deliberate and careful planning and effective use of objective and accurate information.
Public policy making in the Philippines boldly underscores the need to improve its
capacities in undertaking knowledge-based policy analysis and development.
Access to timely and correct information about public policies also precludes
overall efficiency, effectiveness, and productivity. Those who are affected may
sometimes be unaware of or improperly informed about their rights, duties, and
responsibilities provided for in relevant policies.
2. Problems in the Bureaucracy
Bureaucracy is a distinctive arrangement used by human beings to organize their
activities. The invention of Western bureaucracy several centuries ago helped solve the
problem for leaders of governing human systems that grew larger and more
complicated with each passing year. The great virtue and probably defining
characteristic of bureaucracy, according to the one of the founders of sociology,
German Max Weber (1864-1920), is as an institutional method for applying general
rules to specific cases, thereby making the actions of government fair and predictable
However, in the governance process, there are two problems in a bureaucratic type of
government: inefficiency and arbitrariness.
For nearly half a century, the Philippines was caught in an endless cycle of
reform exercises that hardly produced tangible and lasting results. Structural issues
such as (i) duplicated functions and overlapped jurisdictions, (ii) outdated and slow
government procedures, (iii) various loopholes in administrative procedures, and (iv)
limited capacity for policy analysis and strategic long-range planning that caused delays
and higher costs in handling businessmade maintaining objectivity, accountability,
and transparency in decision making and government operations difficult and gave rise
to a host of other problems, including poor implementation and coordination. (ADB,
2005).
As reflected in the Country Governance Assessment, (2004) Administrative
reform efforts in the Philippines did not fully succeed because of the following:
(1.) lack of acceptance of and commitment to the need for reform by political authorities
and different affected entities;
(2.) lack of stakeholder appreciation and agreement concerning administrative reform
being a long, strategic, and continuous process;
(3.) lack of understanding that reform objectives are specific, measurable, realistic, and
time bound;
(4.) lack of good reform implementation strategies and adequate resources to carry
them out;
(5.) lack of an established central agency tasked with formulating, coordinating, and
monitoring reforms and providing corrective measures; (6.) lack of reform procedures
and regulations that are fairly and consistently applied;
(7.) lack of meaningful stakeholder participation in the entire reform process;
(8.) lack of strong and sustained support of political leaders;
(9.) lack of an established and enforced system of accountabilities; and
(10.) lack of safety nets for groups and individuals who may be disenfranchised by
interventions.
In the Common country Assessment of the Philippines (2004), an inefficient
11
bureaucracy is one of the major problems and an area for development cooperation .
Past Philippine administrations have carried out reorganization and reengineering
schemes for the bureaucracy, in an effort to improve efficiency and reduce corruption.
Studies about Philippine civil service system point to several deficiencies include:
(1.) Weak mechanisms for planning, agenda setting and policy-making;
(2) Failure to implement and maintain an appropriate performance management and
measurement system;
(3) Overlapping and duplicating government functions and activities;
(4.) Overemphasis on rules and procedures rather than direct resource
management towards the realization of intended outcomes and impacts;
(5.)
A highly politicized bureaucracy
(6.)
Lack of required managerial and technical expertise
2. 1. Corruption
Corruption damages the development process in many ways. It undermines
social confidence in the willingness and capacity of public institutions to fulfill their
obligations to the people and it reinforces existing power relationships that are
themselves typically part of the development problem. Losses due to corruption deepen
poverty as they deprive the disadvantaged sectors of much needed programmes and
environmental stewardship. Incidences of bribery and graft are often front page news,
11
The Common Country Assessment (CCA) is an in-depth analysis of the development problems in the
Philippines, undertaken through a participatory process of consultations among United Nations agencies,
its development partners both in the government and civil society, and with other donor agencies in the
country. It builds upon the programme of reform launched by the UN Secretary-General in 1997,
preparing the UN for the challenges of the 21st century and emphasizing its mandate in developing
standards and goals arising from UN conventions and global conferences. In particular, the CCA was
driven by the principles and goals of the Millennium Declaration, especially the Millennium
Development Goals (MDGs). It also builds on the development objectives of the Government of the
Philippines, articulated in its Medium Term Development Plan as well as commitments made in the
context of international conventions, conferences and protocols
leading the public to perceive them as the norm rather than the exception in government
transactions, further reducing the incentive or willingness to increase taxpayer
compliance.
The Government has recently introduced affirmative actions toward addressing
this problem such as the passage of the Procurement Act, the implementation of
lifestyle check among government officials, and the reactivation of the Inter-Agency AntiCorruption Committee (IAGCC) to synchronize the various anti-corruption initiatives of
the national government. Despite these efforts, large scale and petty corruption is
pervasive throughout various levels of the Philippine government. The draft report of
the Consultations on the UN Conference on Financing for Development cited that out
of a total national budget of Php 781 billion in 2001, PhP100 billion, or 13% was at risk
of being lost to corruption; 70% involved in public works contracts while 30% involved
the purchase of supplies and equipment. The Office of the Ombudsman estimated that
a total of USD48 billion was lost to graft and corruption over the past 20 years, and that
only 60% of the national budget was actually spent on government programmes and
projects.
Numerous laws addressing graft and corruption exist in the Philippines, and
these date back to 1955. At present, the main references are the Revised Penal Code
of 1960, referred to as the Anti-Graft and Corrupt Practices Act, and Article XI of the
1987 Constitution of the Republic of the Philippines. Box 1 presents a summary list of
related laws, presidential decrees and proclamations, and other regulations on
corruption prevention.
Box 1: List of Laws Related to Graft and Corruption
19461971
Republic Act (RA) 1379 (1955). This act declared forfeiture in favor of the state
any property found to have been unlawfully acquired by any public officer or
employee, and provided for the proceedings.
RA 3019 (1960). This act provided for the repression of certain acts of public
officers and private persons alike, which constitute graft or corrupt practices or
which may lead thereto, also known as Anti-Graft and Corruption Practices Act.
RA 6028 (1969). This act provided for the promotion of higher standards of
efficiency and justice in the administration of laws as well as to better secure the
right of the people to petition the government for redress of grievances, creating
the office of the citizens counselor.
19721986
Presidential Decree (PD) 6 (1972). This decree amended certain rules on
discipline of government officials and employees.
PD 46 (1972). This decree made it punishable for public officials and employees
to receive and for private persons to give gifts on any occasion, including
Christmas.
PD 677 (1975). This decree amended Section 7 of RA 3019 (as amended).
RA 7055 (1991). This act strengthened civilian supremacy over the military by
returning to the civil courts the jurisdiction over certain offenses involving
members of the armed forces, other persons subject to military law, and
members of the Philippine National Police.
RA 7080 (1991). This act defined and penalized the crime of plunder.
RA 8249 (1997). This act further defined the jurisdiction of the Sandiganbayan,
amending PD 1606 (as amended).
Proclamation 189 (1999). This proclamation declared war against graft and
corruption and authorized the Philippine Jaycee Senate, through the Graft Free
Philippines Foundation, Inc., to institutionalize public awareness of clean,
efficient, and honest governance.
EO 317 (2000). This order prescribed a code of conduct for relatives and close
personal friends of presidents, vice-presidents, and members of the Cabinet.
EO 12 (2001). This order created the Presidential Anti-Graft Commission and
provided for its powers, duties, and functions and for other purposes to
investigate complaints or hear administrative cases filed against presidential
appointees.
EO 25 (2001). This order established The Governance Advisory Council to
encourage more active involvement of the business sector in curbing graft and
corruption.
Code of Corporate Governance (2002). This code further provided to actively
promote corporate governance reforms aimed to raise investor confidence,
develop capital market, and help achieve high sustained growth for the corporate
sector and the economy.
Code of Judicial Conduct (1989). This code provided for the appropriate conduct
of judges in performing their duties; otherwise known as the Code of Judicial
Conduct.
RA 9160 (2001). This act defined the crime of money laundering and provided for
the penalties of such act.
RA 9184 (2002). This act provided for the modernization, standardization, and
regulation of procurement activities of the Government, also known as the
Government Procurement Reform Act.
EO 38 (2001). This order reorganized and extended the life of the Special Task
Force created under EO 156 dated 7 October 1999 entitled "Creating a Special
Task Force to Review, Investigate and Gather Evidence Necessary to
Successfully Prosecute Irregularities Committed at the Bureau of Internal
Revenue, Bureau of Customs and Other Government Offices or Agencies Under
or Attached to the Department of Finance.
EO 40 (2001). This order consolidated procurement rules and procedures for all
national government agencies, government-owned or -controlled corporations,
and government financial institutions, and required the use of the Government
electronic procurement system.
EO 72 (2002). This order rationalized the agencies under or attached to the
Office of the President.
EO 109 (2002). This order streamlined the rules and procedures on the review
and approval of all contracts of departments, bureaus, offices, and agencies of
the Government including government-owned or controlled corporations and their
subsidiaries.
EO No. 114 (2002). This order restructured the Bureau of Internal Revenue
toward a Taxpayers Focused Organization.
EO No. 251 (2003) This order required the Bureau of Internal Revenue to furnish
OMB with income tax returns filed.
RA 9194 (2003). This act amended RA 9160 (Anti-Money Laundering Act).
Source: http://www.tag.org.ph/phillaw
I. Prevention
Corruption can be prosecuted after the fact, but first and foremost, it
12
requires
Dimitri Vlassis from The United Nations Office of Drugs & Crime with headquarters in Vienna
conducted a Trainors Training on UNCAC at the UP National College of Public Administration and
Governance on August 31-September 1, 2006 with the end in view of ratifying the UNCAC in the
Philippines. UNCAC is the first global instrument to fight corruption. In the Philippines however,
UNCAC has not yet been ratified. See the Reader Volume of Governance & Development for the full text
of the UNCAC.
Article 43 stresses the need for international cooperation to curb corruption and
calls for strengthened actions.
Source: http://www.unodc.org/unodc/en/crime_convention_corruption.html
EVALUATION
Aside from what is discussed, what do you think are other issues and challenges confrontin
What are current government initiatives and reforms are employed to combat these issu
What can you suggest to further improve the performance of govern
13
Computerization of May 2004 elections was not implemented because of the court ruling.
References:
1. Eastern Regional Organization for Public Administration (EROPA) (2000), From
Government to Governance, Reflections on the 1999 World Conferences on
Governance.
2. Asian Development
Management.
Bank,
(2005),
Governance:
Sound
Development
12. Cario, Ledivina V. (ed.) 2002 Between the State and the Market: The
Nonprofit Sector and Civil Society in the Philippines. Quezon City: Center for
Leadership, Citizenship and Democracy, National College of Public
Administration and Governance, University of the Philippines, with the
assistance of the Ford Foundation.
13. Vlassis, Dimitri (2006) United Nations Convention against Corruption,
United Nations Office on Drugs and Crime Division for Treaty Affair. A Paper
Presented During the Trainors Training on UNCAC at the University of the
Philippines, National College of Public Administration & Governance.
14. Associations of Schools of Public Administration in the Philippines, (2004).
Proceedings of the National Conference on Public Administration and the
Millennium Development Goals: Challenges and Reforms for Effective
Teaching and Capacity Building for Service Delivery.
15. http://magnet.undp.org/policy/
16. http://www.adb.org/Governance/gov_practices.asp .
17. http://www.unescap.org/huset/gg/governance.htm
18. .http://www.iog.ca/boardgovernance/html/gov
19. http://www.birmingham.gov.uk
20. http://www.adb.org/Governance/gov_practices.asp .
21. www.imf.org/external/np/exr/ib/2000/041200.htm