GOVERNANCE AND PUBLIC ADMINISTRATION FOR SUSTAINABLE DEVELOPMENT IN TURKEY

Transcription

1 GOVERNANCE AND PUBLIC ADMINISTRATION FOR SUSTAINABLE DEVELOPMENT IN TURKEY Today, sustainable development is needed to be taken out as an internal value or factor which has the elements of economic and social development of a country while improving the life standard and protecting the environment which are also the main targets of governance and institutional management. In this framework, governance for sustainable development is not a particular issue away from governance in general but it would be more convenient saying that good governance at the national, regional and international levels would also serve the realization of sustainable development targets. Governance and the Political System Governance depends on the existence of a political system regulating the relations of the government and the society based on certain terms of interaction, mutual engagement, and being stakeholders in decision making. The use of power by the government regarding political problems and other issues on the public agenda is at the heart of this relation. In recent years, it has been widely acknowledged that political power is not only a question of administration, but the use of power should also have a certain style. The term of good governance is now widely used to define this style. Good governance is now understood as responsible and responsive use of power which takes into consideration the institutions, processes, and traditions determining the ways of use of power, the ways and reasons of political decisions, and the means of citizen participation and effectiveness. The existence of an independent and efficient judiciary system and the capacity of a highly respected legal system to solve all of the emerging socio-economic problems are considered as the basic elements of this style of government. Access to education, health, and welfare services with equal opportunity is another basic characteristic of good governance. In this respect, good political governance means efficient regulation and administration of the economy, the environment, and societal conflicts which in turn serves sustainable development. In summary, good political governance can be defined as a form of government which is responsive to citizen demands, acknowledges its citizens as stakeholders in decision making, and allows for their stakeholder participation in the decision making process, and which can be held accountable, and functions efficiently. Good political governance suggests a style of administration where authoritative and binding decisions are taken by individuals making up the society, the NGOs, and the political elite participating equitably as partners in deliberations, discussion, and negotiations. At different levels of governance, local governments are obliged to produce public services in coherence with and the support of national governments as they are a division of these. The national governments come to power through elections in democracies and are empowered to single-handedly develop national resources and produce public goods and services. International governance, on the other hand, is composed of the behaviors and actions of national governments by way of and together with the institutions and organizations formed in partnership with other national governments. Good governance for local governments may be realized if municipalities conduct their decision making, implementation, and auditing activities in a participatory process whereby the population living under their jurisdiction is equally represented. Governance in Turkey: The Last Decade The style of political governance in Turkey has transformed over the last decade due to the impacts of the democratization movement, the developments in the relations with the European Union (EU), the content and frequency of conflicts arising from large problems caused by natural disasters such as earthquakes, and economic fluctuations. The political responses of voters, NGOs, and the media to the aforementioned events have also put pressure on the system of political governance to change its style. 1

2 Moreover, the reformation of state institutions has gained a new momentum with the implementation of the candidacy strategy devised in response to the decision taken at the Helsinki Summit (December 1999) pronouncing Turkey s candidacy to the EU, and the National Report prepared accordingly. An initial effect of the steps taken in this regard is the emphasis put on transparency in political decision making and regulation. The Major Areas of Concern : The major areas of concern building-up the framework of governance are as follows; Transparency Political Accountability Administrative and Financial Accountability Legal Accountability Political Participation Administrative Coherence Subsidiarity Efficiency and the Rule of Law A new section titled Non-Governmental Organizations has been included in the Eight Five Year Development Plan. In this section, the importance of governmental and non-governmental efforts in all areas of development to reach a democratic society has been emphasized, and in order to develop the channels of cooperation, the provision of assistance to the NGO sector has been set as a target for government policy. Another significant improvement in recent years, which came to pass parallel to these developments, has been the preparatory process of the new Civil Law which has introduced important changes to the Turkish society and family life. The Civil Law, which has been studied and debated on for almost 50 years and which has occupied the public agenda during the last decade, has been thoroughly amended with the application of consultative methods such as meetings, working groups, and correspondence among relevant parties, and through a participatory drafting process whereby a great number of changes have been made. As a matter of fact, the practice of informing relevant sections of the society about the body of law in Turkey meets OECD standards for best practice (OECD, 2000: 26). A good example for informing the public in this regard is the recent effort of some ministries to publish their draft legislation on their web sites. Moreover, with the decision taken by the Council of Ministers on 12 January 2002, The Action Plan for Increased Transparency and Efficient Public Administration in Turkey has been approved. Other examples for best practice in transparency include the live broadcasting of the plenary sessions of the Parliament by the TRT, and the publication of draft and proposed laws, as well as the parliamentary auditing activities, on the web site of the Parliament. Finally, the localnet project which connects 3,216 municipalities over the Internet is another example for best practice. In many situations, the outcomes of the activities of the public sector are swayed by more than one public organization and its fund allocation. For instance, there is a large number of organizations engaged in reducing traffic accidents, and all of their activities have an effect on the outcome. The share of each organization in the successfulness or the failure of the outcome can only be assessed through success measurement. For this reason, steps are now being taken to fundamentally change our public finance system, which include among others: empowering the Government Accounting Bureau with success audit capacities, preparing draft legislation for public finance management and financial audit, selecting pilot organizations for the transition into success budgeting, changing the coding system of the budget, initiating work for the transition from cash based accounting to accounting on accrual basis, changing the system of public bids, eliminating extra-budgetary funds, extending the scope of the budget, and expanding the audit functions of the Government Accounting Bureau to include the auditing of all of the public funds. 2

3 In addition to these efforts, the Strategic Planning approach, which incorporates the concept of accountability in terms of meeting the targets set in plans, will be put into implementation in the public sector as part of a requirement of the first installment of the Public Sector Structural Adjustment Loan provided by the World Bank. Another example for the practice of good governance in Turkey is the implementation of the total quality approach in some of the public institutions and organizations. Currently, some hospitals run by the Ministry of Health, the Social Security Institution, and universities have received ISO 9001 and 9002 Quality Certificates. Military hospitals and schools, as well as draft offices, have also succeeded in following in these steps with concrete results. Given these qualities of the public administration mechanism, the Seventh Five Year Development Plan has suggested to set up the system of ombudsman in order to protect the rights of the citizens as individuals or collectively. However, at the moment it is only the Petitions Committee of the Parliament fulfilling a comparable function. Another issue that needs to be mentioned in this context is the question of independent committees of which the Capital Markets Committee has been the first example. Their numbers have now reached 12, including those whose decision making bodies have not been established yet. These committees regulate and perform the administrative policing of a large domain of sectors, ranging from tobacco and energy markets, and matters relating to competition, to private radio and television broadcasting. For the purpose of maximizing public interest, these independent committees have bureaucratic-technical formations that keep them away from political influence. The most significant reform accomplished in public administration in Turkey over the last decade is the increase in the numbers of these committees and the expansion of their functions at the expense of the central government. Over the last decade there has been an apparent growth in the numbers of citizens applying to the courts against the decisions and actions of the administration. There is also an increased tendency to employ the conveniences of the legal system offered by the EU in this respect. In terms of political participation in Turkey more often takes the forms of participation in the elections and election campaigns, or individual or collective petitioning to political organizations in order to convey demands, complaints, or requests. Meetings, where social and economic problems and their solutions are deliberated on and policy options are discussed, are also organized, but they are less common. In the 1990s and particularly during the earthquakes of 1999 and in their aftermath, the numbers of self-help groups, voluntary organizations and their activities focusing on improving the environmental qualities of neighborhoods and helping out vulnerable groups in need of food, education, etc. have increased. On the other hand, people s participation in environmental issues is realized under the leadership of political parties, professional organizations, associations, foundations, and voluntary organizations, and aims to contribute to bringing solutions to environmental problems, formulating environmental policies, and opposing those decisions and actions which threaten the environment or cause pollution. The Environmental Impact Assessment (EIA) by-law, prepared by the Ministry of Environment and put into effect in 1993, is the most notable effort in this respect. The EIA by-law incorporates methods and procedures also adopted in the USA and the EU. EIA is compulsory for all large-scale economic activities. Projects for large-scale infrastructure, residential development, energy production facilities, various industrial facilities (for example, cement, fertilizer, sugar, tobacco processing, and tire production industries, etc.), and leather processing facilities fall under this category. Furthermore, development projects on agricultural lands, wetlands, lakes, and eco-systems rich in bio-diversity, as well as lands protected under national law or according to international agreements, are subject to EIA. According to the new State Bidding Law (2002), the bidding process cannot begin before the appropriate EIA certificate is obtained for the projects requiring the preparation of EIA reports. Methods of participation into the EIA process in Turkey include both submitting views in written form and holding meetings. An important and positive point in this process is that each party is bestowed with all the 3

4 possible opportunities to voice out their views. In practice, the participation in the EIA process in Turkey needs to be improved. Methods proposed to challenge the problems in this respect include: to identify and implement methods of participation which are most applicable to local conditions, to encourage the establishment of environmental organizations, to enable the more effective participation of local universities, NGOs, and professional organizations in the EIA process. Also, the Eight Five Year Development Plan calls for new regulations to increase the efficiency of the EIA process. The general public tends to exercise its participation and scrutiny functions through NGOs, local governments, and the media. Thus, an elite-directed political participation is prevalent. Although the ratio of the type of participation, which takes the form of protest, is not low in Turkey compared to other cases in the world, elitecontesting political participation is less prevalent. The movement started in the 1990s by the villagers of Bergama, protesting against the environmental pollution caused by the use of cyanide at a nearby gold mine, still draws the attention of the public, thanks to the extensive coverage of the story in the media. In the 2000s, the protests against the increase of traffic of vessels carrying crude oil and natural gas in the Turkish straits and the potential hazards associated with that, as well as the protests of the inhabitants of Arnavutköy opposing the construction of a third bridge on the Bosphorus, have received wide media coverage. This overall picture of political participation in Turkey reveals that political participation is exercised less in the form of individual undertaking, but more in the form of mass mobilization of voters by political parties and organizations. ONE OF THE BEST PRACTICES TO IMPLEMENT AGENDA 21 LOCAL AGENDA 21 PROGRAM The Agenda 21 which was adopted at the UN Earth Summit convened in Rio de Janeiro in 1992, states this as among its objectives: By 1996, most local authorities in each country should have undertaken a consultative process with their populations and achieved a consensus on a local Agenda 21 for the community. The adoption of this objective in 1992 gave rise to the implementation of a process called the Local Agenda 21 Program in thousands of cities all around the world, and most prominently in European countries. Throughout this process, it was understood that the issue at hand should not be only restricted to the environment, but within the framework of sustainable development, a more comprehensive framework should be applied to incorporate the socio-economic development perspectives of cities and regions. The City Summit (Habitat II) convened in Istanbul in 1996 further contributed to the Local Agenda 21 movement by stressing the importance of partnerships of the public sector, the civil society, and the private sector. During this Conference, Local Agenda 21 implementations were acclaimed as an international program of the United Nations Development Programme (UNDP), resulting in a broad implementation of the Local Agenda 21 Project in 85 countries including Turkey. Its implementation in Turkey has also facilitated a much more improved implementation of Article 13 of the Municipal Law which elucidates public participation in local administration. Local Agenda 21 implementations in Turkey were commenced at the end of 1997, under the project title Promotion and Development of Local Agenda 21 in Turkey. The project is administered by the International Union of Local Authorities Eastern Mediterranean and Middle East Regional Organization and financed by the UNDP. At its initiation, it included nine cities which were selected by taking into account the geographic regions of Turkey and the political affiliations of municipalities for a balanced representation. At the end of the first year, the Project was revised by the UNDP in the light of the successful results of its implementation, and the number of the cities was increased to 23. The Project Document prepared for its implementation in Turkey was published in the Official Gazette in its second issue on 6 March The revision of the project to increase the number of cities was again announced in the Official Gazette dated 8 February

5 The UNDP has selected the Local Agenda 21 Program of Turkey as a world-wide best practice in 1999, and decided to present this Program as best practice to the world leaders and governments in the upcoming UN Rio+10 Summit to be convened in Johannesburg. Coherence among the Tiers of Administration Although, over the last decade, there has been a greater support for self-government and the delegation of the powers of the institutions of the central government to the provincial level, the structure and the tradition of a highly centralized public administration still persist today. The domains of power of the municipalities and the central government in urban areas often overlap with each other. Over the last ten years, there has not been a major improvement in the definition of the domain of power and the resource base of the municipalities. Although some of the centrally hold powers have been delegated down to the municipalities, it can be argued that the powers and the resources of municipalities have remained relatively limited. In 1998, the studies for the Reform for the Strengthening of Local Governments, aiming to effectively regulate the distribution of liabilities, responsibilities, powers, and resources among central and local governments, have been completed and a subsequent draft law titled the Distribution of Responsibilities between the Central Government and Local Governments, the Regulation of the System of Service Relations, and Amendments to Various Laws Pertaining to Local Governments has been submitted to the Parliament. This draft law which has not been deliberated and decided on, and thus, not been put into effect yet, has been criticized, but includes, nevertheless, many innovative aspects that should be considered as reform. These are, among others: Subsidiarity The curtailment of the administrative guardianship of the central government, The restructuring of the distribution of responsibilities and powers among central and local governments with a new approach prioritizing local governments, with the intention of reflecting the principle of subsidiarity in the law, A new emphasis on the revival of neighborhood administrations, which are sociological formations at once, and have been neglected throughout the history of the Turkish public administration, Resource allocation to villages, Facilitation and promotion of recruitment of qualified staff by local governments, A broader delegation of mayors powers to the subordinates. Turkey s determination for full membership to the EU and the steps taken in this regard have also brought forward a renewed discussion on subsidiarity: which public services are to be produced at what governmental level and with which funds? The participation of NGOs in the Rio, Istanbul, and Beijing summits has also had a significant impact on the opinions of the heads of state and government. The shift in the views of political authorities in this regard, manifests itself in the current attitudes of the security forces towards the NGOs providing aid. The new popular support for the NGOs, coupled with higher political tolerance, has produced a significant externality considerably changing the attitudes towards the NGO sector in general. Nevertheless, in Turkey one observes the existence of more favorable economic and political conditions for accomplishing decentralization and delegation of powers from the central government down to the local governments. Particularly the levels of political participation achieved under the Local Agenda 21 Program, and the efforts instigating a style of government more responsive to the citizenry and citizen demands, make a very positive impact on local governments. 5

6 Turkey is a strong candidate for achieving high levels of decentralization in the production of goods and services, excluding those public goods and services in such fields as security, defense, foreign policy, national transportation networks, energy, education, and health that require the maintenance of standards at the national level or large-scale investments. If, however, production and auditing activities are not perfected through stakeholder participation, these developments will have little positive impact on sustainable development. The Bidding Law passed by the Parliament in 2001, constitutes an important step for the realization of the principles of good governance in the bidding processes. The Law has introduced transparency and methods that facilitate accountability into the public bids, and as such it should, along with its implementations, be regarded as a best practice. Efficiency and the Rule of Law Since in good governance efficiency is realized through stakeholder participation, all parties and persons contributing to decision making must adhere to their decisions as a rule of ethics and by law. In this way, the noncompliance with political decisions, which is one of the main problem areas of governing, can be minimized. In summary, all administrative activities must comply with political decisions. In spite of these negative conditions, throughout the last ten years, the trust placed by the public on the judicial institutions administrating justice in Turkey has been much stronger than the political institutions (UNDP, 1998: 43-4). In the 2000s, due to the deepening of the economic crisis and the negative reports coming from intensified combat against corruption, the mistrust felt for the political institutions and the politicians has deepened nationwide. The institutions of the judiciary have also been affected by this negative current, but not as severely as in the case of political institutions. Turkey s increased determination to strengthen the rule of law finds its expressions in the intensification of relations with the EU after 1999 and the measures taken to comply with the Copenhagen criteria. A law amendment passed in 2002 obligates public officials, who are found guilty of the crime of torture by the European Human Rights Court, to pay personally for the damages, that Turkey might be sentenced to cover. This is a preventive measure designed to eradicate the torture of suspects in the hands of security forces. 6

7 ACTIONS UNDERTAKEN TO IMPLEMENT AGENDA 21 AT THE NATIONAL AND INTERNATIONAL LEVEL IN TURKEY In terms of national policies, the State Planning Organization (SPO) prepares strategies for development, the development plans which are accepted as the basic instruments of government policies in economic and social issues for efficient use of resources. SPO has included environmental issues in its development plans since the Third Five Year Development Plan, which covered the period The concept of sustainable development has been embodied in the Sixth Five Year Development Plan (for the period ), whereas the National Environmental Action Plan, NEAP, (which could be accessed at: has been prepared during the Seventh Five Year Development Plan period for efficient environmental management. NEAP has been prepared by the technical support of the Ministry of Environment under the coordination of the SPO and with significant level of involvement of the related institutions and stakeholders. Within this framework the following topics were emphasized: (i) the significance of conducting certain activities for the development of an efficient environmental management system; (ii) the importance of the need for environmental data and public awareness; (iii) new investment proposals in different thematic areas; and (iv) compliance with the international environmental standards of the EU and adoption of the related regulations thereof. The Eighth Five Year Plan covering the period also addresses the concept of sustainable development and it emphasizes the necessity of striking a balance between ecological equilibrium and the economic growth. Decision-Making: Responsibilities with regard to integrated decision-making in sustainable development or/and development issues in general could be attributed to: the State Planning Organization; the Ministry of Foreign Affairs; the Ministry Interior; the Ministry of Environment; National Environment Council; Higher Commission of Environment; and Supreme Board of Planning, As one of the important tools in implementing environmental targets of sustainable development, Environmental Impact Assessment became a legally required procedure on February , and is currently under revision in terms referring an integrated way of thinking. Turkey had a National Environmental Action Plan (NEAP) for the years It was a binding document for the public sector and serves as a guidance document for the private sector. In addition, certain sectors such as: tourism; industry; energy; transport; and agriculture are working towards the integration of environmental considerations. In 1995, Turkey launched a preparatory process for the development of a National Agenda 21 under the United Nations Development Programme (UNDP) technical cooperation programme entitled the National Programme for Environmental Institution and Management in Turkey. The report, which identifies actions to ensure the integration of social, environmental, and economic concerns and policies at national level, has been prepared. The National Programme for EU Integration; and the Eight Five-Year Development Plan ( ) are used as important references in the achievement an integrated decision-making. A National Committee involving representatives from: all relevant government agencies; NGOs; local authorities; academic institutions; private sector; and the media has also been set up to draft the action plan. Regional workshops have been organized to review drafts. In order to realize the targets of sustainable development and Agenda 21, some important steps taken are as follows; the Cairo Charter on the Euro-Mediterranean Co-operation concerning the Environment in the Mediterrenean Basin was adopted in 1992 the Regulation on Environmental Impact Assessment was issues in 1993 the Regulation on the Rules of Procedure of the Supreme Environmental Board and its Technical Committee was issues in 1993 the Regulation on the Rules of Procedure of the Local Environmental Board was issued in

8 the Regulation on the Duties, Authority and Responsibilities and Operational Principles of the Provincial Branches of the Ministry of Environment was issued in Turkey became a party to Ramsar Convention in 1994 Turkey became a party to the Convention on the Protection of the Black Sea Marine Environment against Pollution and to its protocols on land-based pollution sources, prevention of pollution in emergency situations and dumping in Turkey became a party to Basel Convention in 1994 Declaration was adopted by Ministers of Environment of the Central Asian an Balkan Republics following a Conference in Istanbul in 1994 Turkey became a party to the Action Plan for the Protection of the Mediterranean Environment and Sustainable Development of the Coastal Areas of Mediterranean (MAP-Phase II) which replaces the Mediterranean Action Plan adopted in Turkey became a party to the Antarctic Treaty of Environmental Protection in 1994 Regulation on the Control of Hazardous Waste was issued in 1994 Turkey became a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora in 1996 a UNDP Programme on the Promotion and Development of Local Agenda 21 in Turkey was launched with the participation of 25 municipalities in Turkey became a party to the Convention on Biological Diversity. National Environmental Action Plan (NEAP) was completed and officially adopted in Turkey became a party to the Convention on Combating Desertification in Turkish National Agenda 21 has been completed in the Chairmanship of the Mediterranean Commission on Sustainable Development (MCSD) through 2002 has been accomplished. Turkish legislation and regulations adopted after 1992 to address matters concerning particularly sustainable development in line with the international commitments and cooperation framework are as follows: Environmental Impact Assessment (1993 revised 1997); Environmental Impact Assessment (1997); Medical Wastes Control (1993); Hazardous Wastes Control and Management (1995); Control of Harmful Chemical Substances and Products; Reduction of Ozone Depleting Substances(1999); Convention on International Trade in Endangered Species of Wild Fauna and Flora National Implementation Regulation (2001); Control of Soil Pollution (2001); Environmental Inspection (2002); and, Protection of Wetlands 8

9 Annunciation of Year of Good Governance in the world and in Turkey UN Declaration of an international Charter of Good Governance Conveyance of information on good governance to the public bureaucracy, the NGOs, and the media Creation of an effective system of success evaluation Broadening the use of new technologies for increasing transparency Development of legislation guaranteeing the right to access to information Affirmation of the importance of auditing functions Strengthening the independence of the judiciary The establishment of a Sustainability Observatory 9

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