legislating citizens charters to promote citizen-centric public services magdalena l mendoza senior...
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Legislating Citizen’s Charters to Promote Citizen-Centric Public Services
Magdalena L MendozaSenior Fellow
Development Academy of the Philippines
Multinational Conference on Improving the Quality of Public Services
Moscow, Russia, June 28-29, 2011
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Outline of Presentation
• Introduction• Legislating Citizen’s Charter– Issue Formation– Policy Formulation– Policy Adoption– Policy Implementation
• Evaluation and Conclusion
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Location: Off the south-east coast of Asia and sprawls between Asia mainland and Australia between latitude 21°25'N and 4°23'N and longitude 116°E and 127°E.
Land Area: Total land area approximately 343,448.32 sq. km.; one of the largest island groups in the world (7,107 islands); divided into three island grouping: Luzon, Visayas and Mindanao.
Population: 88.57 million as of 2007, annual growth rate of 2.04%
Religion: Predominantly Christian
Form of Government: Democratic
Branches of Government: Executive, Legislative (bicameral), Judiciary (independent)
The Philippines
Source: NSCB 2011
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Development Academy of the Philippines
Training Education Policy Research Technical Services
Center for Governance Center for Quality and Competitiveness Center for Knowledge Management Center for Sustainable Human Development Graduate School of Public and Development Management DAP sa Mindanao DAP Tagaytay Conference Facilities
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What is a Citizen’s Charter
• A Citizen’s Charter is an official document that communicates in simple terms information on the services offered by the government to its citizens.
• It describes the step-by-step procedure for availing a particular service, and the guaranteed performance levels that citizens may expect for that service.
• Initiative introduced in the United Kingdom by the Conservative Government under John Major in 1991
• Adopted as a policy of over 20 countries to improve quality in the delivery of public services
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Citizens as “Customers”
“All public services are paid for by the individual citizens, either directly or through taxes. Citizens are,
therefore, entitled to expect high quality services, responsive to their needs, provided efficiently at a
reasonable cost. And where the state is engaged in regulating, taxing or administering justice, these
functions too must be carried out fairly, effectively and courteously.”
Source: UK Government
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Issue Formation
Issue Formation
Policy Agenda
Policy Formulation
Policy Adoption
Policy Implementation
Legislating Citizen’s Charter:The policy process
Policy Evaluation
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Issue Formation: Issue rhetoric and indicators elevated the problem of red tape at the consciousness of the public
• Social Weather Surveys– Corruption seen by many
Filipinos as an economic issue since it hurts investments
– Perceived bribery in obtaining local permits, paying taxes, securing licenses from national government
• Filipino Report Card– Concern on quality, affordability,
adequacy and responsiveness of pro-poor services
• Worst Red Tape Survey– Amplified concern on tedious and
costly business transactions
• World Competitiveness Yearbook– Philippines among the least
competitive among 61 countries (2006)
• Doing Business Report– Pronounced disparity in number
of procedures, processing time, costs of doing business compared to OECD countries
• Corruption Perception Index– Philippines received below
median rating
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Red Tape and Corruption Nexus
“The bureaucratic process itself may be a source of delay and other costs. In that case, incentives for corruption
arise as applicants try to get to the head of the queue or otherwise get better service. To further exploit their
corrupt opportunities, officials may create or threaten to create red tape as a means of extracting bribes. This strategy is plausible in many real world applications
because even honest officials need to take some time and trouble to process applications.”
Source: Rose-Ackerman 2006
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Corruption in Public Service Delivery
“Lack of accountability can breed corruption in service delivery programs because the “exit mechanism” which is operating in a market
context does not work well in the public sector.”
Source: Reinika and Svensson 2006
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CITIZEN’S CHARTER
Services offered Obligations of citizens Service standards Statement of
guarantee Contact list Suggestion and
complaints procedure Redress mechanism
Government
Citizens
InformationInformationPublic trustPublic trust
Value for Taxpayers’
Money
Value for Taxpayers’
Money
Citizen Satisfaction
Citizen Satisfaction
Promoting Citizen-Centric Public Services through Citizen’s Charters
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Policy Stream: Legislative TrackTiming Proposals Salient provision
11th Congress (1998-2001)
House Bill No. 3409 Defining and penalizing “fixing”
12th Congress (2001-2004)
House Bill No. 3947House Bill No. 532House Bill No. 766
Limiting number of signatoriesCutting red tapeAmendment of RA 6713
13th Congress(2004-2007)
House Bill No. 3309House Bill No. 3776
Providing information on government servicesTransactions reengineering, service standards, Citizen’s Charter, Report Card Surveys, criminalizing fixers
Senate Bill No. 46Senate Bill No. 1934Senate Bill No. 2546Senate Bill No. 2561
Cutting red tapeCutting red tapeProviding information on government servicesTransactions reengineering, service standards, Citizen’s Charters, Report Card Surveys, criminalizing fixers
Senate Bill No. 2589 Consolidated version of SB 46, SB 1934, SB 2546, SB 2561, HB 3309, HB 3776
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Policy Stream: Non-legislative TrackTiming Policy Salient provision
Mid-1990s Mamamayan Muna, Hindi Mamaya Na (Citizens First)
Citizen Complaint Handling
2000 Comprehensive Framework and Program Strategy to Fight Corruption under the Estrada Administration
Mandated Citizen’s Charter
2001 First State of the Nation Address by President Arroyo
Signature Reduction
2003 Office of the President Memorandum Circular No. 23
Posting of Service Guides and Workflow Charts
2005-2006 Pilot adaptation of Citizen’s Charters
2007 Executive Order No. 605 Adoption of ISO-QMS Standards in the Public Sector, establishment of Citizen’s Charter as manifestation of service guarantee
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John Kingdon’s Organized Anarchy Model
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Problem StreamProblem Stream
Political StreamPolitical Stream
Policy StreamPolicy Stream
Unique window of opportunity in
2006
Unique window of opportunity in
2006
Indicators • Social Weather Surveys• Competitiveness Reports• Doing Business Reports• Worst Red Tape Survey Events: Edsa Dos
• National mood: heightened level of intolerance to corruption
• Organized move of the business sector to pressure government to cut red tape
• Anti-corruption of a key plank of administration
Consensus building of various stakeholders
RA No. 9485 or Anti-Red Tape Act (mandating Citizen’s Charter) enacted in 2007
RA No. 9485 or Anti-Red Tape Act (mandating Citizen’s Charter) enacted in 2007
• Formulation of government anti-red tape program
• Anti-red tape policy entrepreneurs from academe, business, Congress
Consolidation of House and Senate Bills
Tilt effect:
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Republic Act No. 9485 (Anti-Red Tape Act of 2007)An Act to Improve Efficiency in the Delivery of Government Service to the Public by Reducing Bureaucratic Red Tape, Preventing Graft and Corruption and Providing Penalties Therefor
Corruption = Monopoly + Discretion – Accountability*
Factor that induce
corruption
Strategy to reduce vulnerability
Some features of Citizen’s Charter
Monopoly power
Remove monopoly of information
Publication of procedures, document, requirements, processing times, fees
Discretion Circumscribe discretion in evaluation
Prescribed action timesFormal notice in case of disapproval
Accountability Collect information about agent’s performance
Complaints and feedback mechanism
* Heuristic formula of Robert Klitgaard
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Agency Compliance
Type of government agency• National government • Local government units• Government corporations• State universities and
colleges• Local hospitals and local
schools
TOTAL
Percent compliance 70%
95.7%79.4%75.3%
58%
79.8%
Source: Civil Service Commission, March 2011
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Factors that Affected Implementation
• Difficulty in the identifying frontline services and segregating simple vs complex transaction because of tight requirements
• Reluctance of agencies to publish services standards which may not be realizable given their current level of resources
• Gentle learning curve did not allow ample time for thorough transactions reengineering
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Report Card Survey in 2011
In terms of service quality, respondents expressed satisfaction with the correctness and accuracy of the service being provided by the agencies than the time it took to complete a transaction. In all the areas measuring the satisfaction with service providers, majority of the respondents said they were either satisfied or very satisfied though a few dissatisfactions was also recorded.
Source: Civil Service Commission, 2011
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Report Card Survey in 2011
Among the six indicators for measuring the satisfaction with the frontline service providers, the respondents were most satisfied with the adherence of the service providers with the “First come-first served” principle though a few dissatisfaction was also recorded. Moreover, the respondents are more satisfied with the service quality in terms of correctness and accuracy than the time it took to complete a transaction.
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Policy Evaluation: Sub-optimal results
• Citizen’s Charters creating islands of good practices on citizen-centric services– Mandated reengineering translated in
simplification of some procedures– Made government processes transparent– Initiated citizen focus– Government agencies more conscious of service
standards• But fragmentation in service delivery persists
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Reduced to 2 days in 2010
Reduced to 38 days in 2010
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Conclusion
• Legislating Citizen’s Charters, while a necessary step, is a necessary but not a sufficient condition to establish a citizen-centric government.
• There is a limit to what efficiency improvements agencies can do on their own (“silo” effect).
• To strengthen citizen focus, Citizen’s Charter should be complemented with “smart regulation” and “horizontal government”.
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Thank you and Mabuhay!