Ensuring Accountability in Privatized and

Decentralized Delivery of Public Services: The Role of the Asian Ombudsman

By Dr. George V. Carmona

Ateneo De Manila University School of Law

NPM as a Development Approach

To modernize government and reengineer the public sector.

Reduction of public sector’s responsibility in service delivery in favor of the private sector.

Decentralization of powers and responsibilities from the central to the local governments.

NPM as a Development Approach

Results have not always been positive.decentralization failed to deliver all

promised benefits and to fix problems it promised to resolve.

privatization of delivery of public services did not result to improved service delivery.

Lesser accountability on the part of service provider.

Reforms in Public Service Delivery

Decentralization

Private Sector Participation

Public-Private Partnershipsservice contracts, management contracts,

affermage or lease contracts, build-operate-transfer (BOT) and similar arrangements, concessions, and joint ventures.

Privatization

Implications of NPM Approach to the Role of Ombudsman

how to ensure that private sector providers of public services remain accountable

how to bring the private sector provider of public services within the ombudsman’s mandate, directly or indirectly.

Implications of NPM Approach to the Role of Ombudsman

Diminution of the role of ombudsman

“Probably the greatest change that will impinge on the activities of the Ombudsman in the future flows from the contraction of performance of government functions by central agencies in favor of contracting out of functions to the private sector. The right of the citizen to complain about adverse decisions or inappropriate action is lost unless the private organization is brought within the aegis of the Ombudsman.”

Implications of NPM Approach to the Role of Ombudsman

While decentralization of public service delivery did not result to diminution of ombudsman’s mandate, it has great implications on ombudsman’s accessibility, capacity and effectiveness to ensure accountability in service provision in a decentralized environment.

Since most Asian Ombudsman offices were established prior to emergence of the NPM approach to service delivery, most do not have jurisdiction over private sector provider of public services.

Responses of Asian Ombudsman : Decentralization

Use of IT system : Online Citizen Participation Plaza (e-People) of South Korea’s ACCRCPCB of Malaysia, WM of Pakistan

Use of Administrative Counselors : Administrative Counseling System of Japan’s AEB

Provincial Ombudsmen : Pakistan, India, Philippines

Responses of Asian Ombudsman : PPP and Privatization

Among AOA members, only Malaysia’s PCB has explicit jurisdiction over the private sector.to some extent Japan’s AEB and the

Pakistan and Philippines Ombudsman

Responses of Asian Ombudsman : PPP and Privatization

HK Ombudsman maintains jurisdiction over government agency that outsourced public service.

Thailand Ombudsman investigates any complaint against an individual or firm engaged in the delivery of a public service by focusing on the public authorities that outsourced the service.

Responses of Asian Ombudsman : PPP and Privatization

Philippine Ombudsman has jurisdiction over outsourced services, or those delivered via PPPs, when there is established proof or evidence that collusion or conspiracy between public official(s) and the private partner has occurred.

Privatized public utilities and companies remain answerable to Pakistan’s Federal Ombudsman regarding public complaints and consumer issues. WM is helping public utility companies improve their

redress and grievance systems.

Conclusion and Way Forward

Decentralization, privatization, and PPPs have provided a new context for ombudsmanship.

To improve accessibility as a result of devolution/decentralization of public services, IT systems can help.

Conclusion and Way Forward

Government decisions to delegate the delivery of public services to the private sector should not necessarily exclude the ombudsman

In the case of PPP and privatization of public service delivery, Asian ombudsmen have proved to be adoptive and pro active.

Conclusion and Way Forward

Transfer of service delivery provision to private sector could pave the way for new roles for ombudsmanContract reviewEnsuring effective grievance redressEnsuring observance of standards by

making responsible agency accountable.Systemic investigations of recurring

problems in public utility operations