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Sabtu, 30 Maret 2013

The Creative Bureaucracy: A think piece


Summary:
Is there a new organizational ethos which should shape the characteristics and operating dynamics of the early 21st century public bureaucracy? Is this radically different from the efficiency and effectiveness paradigm associated with the late 20th century? Does being resourceful, strategically agile, responsive and creative lie at its core?

Key points

• What characteristics are needed for the 21st century public bureaucracy? Do they need to be different from what went before? In which ways will they need to be different?

• The bureaucracies we have were developed to solve the problems of their time and reflect the culture of their age. At their best they sought systematic procedures to bring transparency, fairness and equity to decision making. Yet as they evolved weaknesses appeared.

• Bureaucracies were once seen as benign and modern if somewhat technocratic. Has it latest focus on efficiency created a neo-bureaucratic centralism that needs to be reassessed especially in the context of user driven service innovation?

• Changes are already afoot in the organisational practices of the public sector, commercial companies and in the wider world. It includes a shift to involving users more and co-creating policies, products or solutions; a shift from hierarchical to network thinking, a breakdown in traditional disciplinary boundaries, and cultural cross-fertilization. These have implications for how bureaucracies need to operate.

• The 21st century bureaucracy needs to combine the best of the 20th century bureaucracy and evolving lessons about what makes a good organization work.

• The creative bureaucracy thesis seeks to marry two seemingly incompatible concepts – creativity and bureaucracy – in order to do this. Creativity focuses on resourcefulness, imagination and flexibility.

• With the recognition of the power of integrated, joined up thinking is a new generalist required able to understand specialist knowledge as well as be able to range across disciplines

• There is a need to shift the negative perceptions of bureaucracy and those that work in them. Many people who work in bureaucracies are not expressing their full talents. Can we create conditions to better harness their imaginations, creativity and competences?

• Finally, the world at large poses new and urgent challenges from greening to dealing with diversity. Bureaucracies need to inventive and effective in dealing with these.

Charles Landry, Comedia


The Creative Bureaucracy

‘Creative’ and ‘bureaucracy’: two words that do not seem to fit together. The first hints at curiosity, imagination, looking at things afresh, bringing unconnected things together in unusual ways, having initiative. It seems dynamic, loose and flexible. Creativity is multifaceted resourcefulness and responsiveness. The second triggers in the mind words like structure, hierarchy, rules, routine, process. It seems mechanical, lifeless, eviscerated and static. 'Bureaucracy' is embedded with negative connotations in English, likened to a nuisance or even tyranny at odds with public or civic service. Bureaucracies are maligned, they drain the spirit it is said. In German and French, by contrast, the equivalent words are less pejorative.

The ‘creative bureaucracy’ idea is not a plan, but a proposed way of operating that helps create better plans and better future ways of operating. It is an adaptive, responsive and collaborative organisational form that in principle can harness the initiative and full intelligences of those working in them and respond to the changing demands of those they seek to serve.

Bureaucracies exist in the public, private and community spheres in various forms. They can be complex in their precise characteristics depending on their purpose, mission, scope and size. A bureaucracy is the organizational structure of larger organizations which have systematic procedures, protocols and regulations to manage activity. These dictate how most processes are executed as well as the formal division of powers, hierarchies, and relationships intended to anticipate needs and improve efficiency. Here the focus is on the public domain, yet it has as much relevance to how large corporations operate as to public institutions. Key principles have evolved in how they operate such as neutrality or leaving vision making to politicians. This can constrain initiative, motivation and creative potential.

This note tries to differ from most other discussions of the topic.
It attempts to combine questions of organization and structure, culture and values in organizations with how people feel emotionally and psychologically at work and especially those lower down who are often responsible for putting plans in to action. It puts the lived experience of the person centre-stage. For organizations to be effective people want to be able to take initiative and have more control, influence or power.

There is a vast body of literature on making organizations or bureaucracies more competent, innovative and entrepreneurial; on how to develop joint ‘visions’; on the merits of different regulation and incentives regimes; on the relationship between bureaucracy, power, politics and interests and effectiveness; and on the balance between certainty, predictability, standardisation, codes, fairness and their opposites. This note will not address these, instead this Viewpoint asks a central question: Are there new organizational principles which should shape the qualities, characteristics and operating dynamics of the early 21st century bureaucracy. Are they radically different from those associated with the late 20th century?

Where are we at?

The predominant organizational form of the 20th century had its genesis in military forms and later industrial modes of production, encapsulated at its worst by Taylorism, which could reduce people to mere drones and did not harness their potential talent. It emphasized control. Its forms were characterised by hierarchical management systems, sharply defined departments and divisions of labour and left little scope for self-expression. Yet bureaucratic forms developed in response to the arbitrariness of previous rulemaking and sought to provide efficiency within a framework of accountability, transparency, neutrality and equality. It evolved thus as part of the democratic impulse. It contains attributes that should not be lost in the new cultural context of greater individual empowerment and choice, where the ability to take initiative, to be imaginative and creative are seen as important in solving problems and creating opportunities. Equally creativity and innovation simply for the sake of it is by no means desirable.

A plethora of new management techniques have since been adopted to respond and to overcome perceived weaknesses and to harness the imagination and energy of staff, such as: ‘the organization as a learning system’, ‘excellence theories’, ‘motivation theory’, ‘cultural intelligence’, ‘strategic management’, ‘continuous improvement’, a focus on ‘core competences’ to name a few.

At least in some quarters there are discernible new patterns of organisation in companies, 'bureaucracies' and society as a whole:

• Sharing, co-creation and openness. 'Open innovation' is the catchphrase. This is reconfiguring how companies operate, well beyond IT and initiatives like open source. There are new technical possibilities to relate to audiences, clients or citizens, for example through Web 2.0. There is a greater shift to the user and some already talk of a far more interactive Web 3.0. This is enhancing possibilities to deepen and reinvent democratic processes and the relationship of individuals to organizations.

• A shift from hierarchical to network thinking. Traditional organizational thinking looked at boundaries, levels, precise functions and set responsibilities through which efficiency or product and policy innovation was to occur. It appeared neat and clear. Now new platforms for collaboration and partnerships between citizens, corporations and public institutions are developing. Relationships can cut across organizational types or geographic borders and connections are more permeable. Things can seem fuzzy. In this process the nature of innovation itself is changing especially in rethinking and redesigning services and how they are delivered.

• Breaking down divisions between disciplines. Silo thinking and working is increasingly showing its weakness. It lacks knowledge coming from within the interconnections. Whilst acknowledging specialist knowledge working across boundaries can create new or joint insights. Within organizations the developmental, marketing and communications roles are seen as more significant than before. These latter capacities do not sit easily with public sector organizations.

• Increased mobility and cultural cross-fertilization. Identities are being reshaped. Multiple perspectives on issues are emerging. The acknowledged canon in many disciplines is being questioned. As the terra firma shifts issues of trust, loyalty and the role of the expert are being reconsidered.

• Creativity as a resource. The ability to be imaginative and inventive is increasingly seen as an important asset. This requires organizations that allow individuals to be curious and that foster a culture of debate. Fluidity, suppleness, adaptability and responsiveness are the organizational watchwords. How, in this context, do organizations allow for greater creativity?

• The rise of the new generalist. As a result of these changes new kinds of jobs that never existed before are being invented. One that is likely to emerge as significant is the ‘new generalist’. This is a person who understands the essence and core arguments of specialist subjects, but has the capacity to range over disciplines, is able to make connections and create synergies and develop new insights. This contrasts to the somewhat maligned ‘old generalist’. In stereotype this was an amateur who knew little of substance.

The above needs to be seen in the light of new complex problems. These include greening and sustainability which if treated seriously, will need to reshape our landscape of thinking and behaviour and how we do things. Some refer to this as the rise of wicked problems. Many public policy problems, such as obesity which cut across health and social issues or getting people to change their behaviours with the threat of climate change are severely complex. They have been called wicked problems (Ritter & Webber and Horn). They are seemingly intractable, made up of inter-related dilemmas, issues and interweave political, economic and social questions. Wicked problems cannot be tackled by traditional approaches where problems are simply defined, analysed and solved in sequential steps. They have characteristics that make traditional hierarchical, top down thinking less adept and appropriate to solving them. For example, there is no definite way or unique “correct” view of formulating the problem; and different stakeholders see problem and solutions differently often with deeply held ideological views. With these problems comprehensive data is often uncertain, difficult to acquire or missing. In addition they are connected to other problems and every solution reveals new aspects of the problem that needs adjusting. In some sense the problem is never solved and solutions are merely better or worse. Organizationally dealing with these problems requires adaptability, agility and responsiveness.

Can bureaucracies remain as they were in this unfolding world of messy issues? We do not assume that bureaucracies are inherently against innovation. Part of their rationale is in fact to slow things down so that issues can be thought through. The real question is whether the slowing down dynamics of the system itself becomes its raison d’etre.

In considering these changes all organizations whether in the public or private sphere will reflect the character and frailty of human diversity. These include the tendency to be tribal, the danger of group think, the use of hierarchy to exert power. There will be mavericks, rule benders and those who push against the grain as much as rule junkies. Yet how can mavericks or creatives slot in to organizations that by tradition see the benefits of caution or more slow paced considered approaches?

Questions to consider

• Is there an inner logic to all organizations across cultures and time that constrains and reduces people potential to be creative?

• Are there organizational forms, cultures or rules systems and mechanisms that are able to empower and enrich?

• If so, is the organizational ethos and its resulting culture different, in that it rewards openness, responsiveness and flexibility? Can large more bureaucratic organizations develop such an ethos?

• What is the next focus to enhance organizational achievement? Another restructuring with a new organigramme? Is it instead developing a refreshed understanding of how organizations can succeed with a greater emphasis on assessing the psychological effects of the work place and its impact on people? Will this achieve more to encourage motivation than changes in structure?

• Does changing the ethos of an organization require changing its physical setting? Have these changed enough to make them creativity inducing places and people in them more productive? Do organizational consultants, architects, project planners, the construction industry understand the language of space, place and design sufficiently?

• What would the prototypes for the 21st century responsive, effective bureaucracy look like? Are organizations like SEMCO run by Ricardo Semler and known for its radical industrial democracy models or are they not appropriate for a public sector bureaucracy?

• How can people at different levels of the organization feel more fulfilled? What models exist to give people operating at levels four or five more scope to take initiative and have influence?

• What is the right metaphor for this emerging organizational form one that moves from a vertical structure to a more horizontally integrated and networked one? What metaphor marries the benefits of organizational structure with flexibility? If it is not the machine is it a living organism where human potential is optimized? Is it the network? Is it how Google operates? Is it the garden? Is there something better?

What might the 21st century bureaucracy look like?

A bureaucracy, crucially, is not only a structure, a mere organigramme with functional relationships and roles. It is a group of people with lives, emotions, aspirations, energy, passion and values. Those that work in them often have strong values, great intentions and good ideas. Most want to do good and not be negative. Somehow, however, good intent can evaporate as the dynamic of the organizational ‘system’ unfolds. Can the positive virtues and potential of public sector bureaucracies and the people working in them be rediscovered? These include fostering fairness, equity, equality of opportunity, being neutral and transparent. These are important achievements of democracy, yet the focus on efficiency can obscure these intentions.

The need for effective organization, administration and management is not questioned. The issue is what ethos and culture is encouraged by organizational priorities and ways of thinking. Is it possible for bureaucracies to add to their culture the suppleness and fluidity we associate with creativity? My contention is two fold. First the ability for organizations to be more resourceful, responsive, imaginative and innovative is key to their democratic mission and effectiveness. Second, by empowering staff in this way they offer more and it makes them more committed so creating a positive feedback loop. This makes resolving the tension between the two concepts ‘creative’ and ‘bureaucracy’ a central aim of the ‘new bureaucracy’..

People want more fulfilled lives and with this they work better. The ability to be creative stands as a proxy for this desire. It means being able to think for oneself, to have initiative, explore and experiment. Creativity then becomes a general problem-solving and opportunity-creating capacity. The essence of creativity is flexible resourcefulness. It generates the ability to find one’s way to solutions for intractable, unexpected, unusual problems or improve day-to-day circumstances through many micro innovations. This keeps organizations alive and adaptable. It is applied imagination using qualities like intelligence, inventiveness and learning along the way. This enables potential to unfold.

Life in a bureaucracy

I have interviewed perhaps 50 people in the UK and elsewhere both professionals who had a high degree of autonomy and those further down the hierarchical chain since my interest in bureaucracies developed in 2004. The two main questions I asked of participants were:

‘Are you working at full capacity?’

‘What would the organizational conditions be for you achieve more?’

Most of the high level professionals were relatively satisfied in their work, claiming they were operating at around 65% to 75%. Those operating at level three or four in the hierarchy, on the other hand, were less satisfied, averaging out at around 60%.

The conditions conducive to satisfaction boiled down to a few things:

• Creating greater autonomy and control over one’s job and in how to achieve goals. Being subjected to outcomes and targets imposed from far away was the main problem.

• Enabling people to break out of departmental constraints in order to solve problems which require working across the organization without needing to go up and down the hierarchy.

• Respecting, valuing and rewarding under-acknowledged capacities, such as the ability to build relationships or networks internally and externally.

• Encouraging a culture of critical thinking so that the organizational becomes more of a ‘learning system’.

• Developing a sense of organizational continuity that allies predictability to responsiveness.

The most profoundly negative effect felt by people in organizations in the last two decades is the tendency for endless tinkering and restructuring to adapt organizations to new times. This will to restructure comes from many sources, for different reasons and in many forms, including: the new broom syndrome; new government or local authority policy; a valid recognition that a structure is out of date or the need for flexibility to achieve a competitive edge.

Is it time to reconsider the balance of effort put on restructuring as distinct from investing in an understanding of how people become more motivated and harness their capabilities. Which route is more effective?

My experience of working in large organisations is limited I have had shorter periods in Brussels at the European Union and later at the World Bank in Washington. I set out below the insights I have gained over the past 25 years of advising and consulting with cities and working with their bureaucracies as an outsider - principally helping them adapt to the new global conditions. The main lessons I have learnt are:

Energy and Passion

The most effective organizations are those where people feel they can be engaged and where their commitment to the organization lies beyond a contractual relationship and where a deeper emotional bond can be established both to the work itself and the organization. In these situations people feel they are able ’to be our true selves’ and to have a ‘creative presence’ so that working gives the sense of ‘pregnant possibilities’ and where they can develop ‘an intensity that feels and appears effortless’. Here energy and passion can come into alignment. The wider ethos of such organizations follows.

Strategically principled, tactically flexible

The organisations most effective in being agents rather than victims of change are those that operate with strong public acknowledged principles. These act as a compass and guide to provide direction. They are not prescriptive. Rules, regulations and laws instead serve ethical, value-laden principles: If the aim is to reduce energy consumption, how you achieve that goal is up to you. How you legislate and implement by-laws shifts over time as long as the principle intent is achieved. The skill of being strategically agile is key.

Vision shaping rules, rather than rules shaping vision

Conversely, innovation is often thwarted by institutional myopia. In the context in which I am most comfortable – cities – rules are rarely designed with a wider urban outcome in mind, such as creating a great neighbourhood or urban vitality. Instead they are concerned with a very particular aspect – health, safety, privacy, road guidelines, traffic flow. In addition to being single issue, the rules try to be uniform across boundaries of all kinds demanding a standardised code framework. This is something the private sector also wants as it simplifies things and gives certainty. When someone comes up with a bright idea comprising a more holistic vision for the city, they are often rejected by officials who might state ‘this is not in line with government guidelines’ and so a strict modus operandi based on existing rules prevails.

In order to achieve most of the complex outcomes cities desire means rethinking guidelines and rules. For instance, many cities want to be ‘networked’ or ‘vibrant’. Consider the notion of 'networked'. This describes a place of hubs and nodes with centres of urbanity criss-crossing the city. It is a place where public transport is privileged over the private, and people over cars, it is an accessible, walkable place; where building a sense of place is a priority and creating distinctiveness is a common striving; a place of good streets, interesting public spaces; a place that is sustaining and sustainable and that inspires their people and outsiders too. Rules made for specific elements of the city are unlikely to achieve this on their own. The vision and its principled intent should determine the nature and application of rules.

Optimizing not maximizing

The nonlinear and complex nature of the challenges faced by organisations today requires correspondingly complex, adaptive solutions. It is important to consider the difference between optimizing and maximizing a situation. Complex systems do the former. Maximising individual elements, like traffic flow, environmental protection, building densities, safety and health standards which tends to happen in siloed organizations may not address an overarching problem and indeed make it worse. The challenge is to optimize the balance between the different aspects. A simple analogy is the body: if you maximize the function of every part of your body, such as the lungs, the heart, the liver and kidneys you collapse and die. The bodies tries to optimize. For instance, if you have a kidney problem your lungs adapt, your heartbeat might rise whilst your liver functions slow. In short, the elements communicate with each other adaptively to optimise the situation.

Without diminishing the importance of specialist knowledge, fragmented knowledge and expertise can lead to reduced insight and the capacity to solve problems or develop opportunities. Such silo thinking privileges the individual discipline in isolation and can encourage a celebration of individual targets and thus linear maximisation.

Horizontal not vertical, devolved and less centralized

Public institutions remain largely vertically integrated. You look upwards for instructions. The UK remains with Japan the most centralized liberal democracy in the world with around 75% of a local authority’s resources coming from central government. To address a complex problem like obesity that has multiple causes and which needs addressing on a number of fronts simultaneously in an orchestrated way you need to be able to agglomerate responsibility in one place. This is fraught with difficulty. A local authority, for instance, has little traction over what a hospital or university do who are both important players in tackling obesity. There are different accountability structures and money streams are usually centrally dictated which constrains the freedom to act.

Other examples of cross-cutting issues where similar problems occur include place-making, creating sustainable communities and healthy urban planning.

There is an increased recognition that to solve many problems or to grasp new opportunities in the future it is necessary to create horizontal more open networks which allow solutions to emerge from within user communities. This requires a decentralizing drive. With centralization this remains very difficult if not impossible to achieve.

Interdisciplinary not multidisciplinary

Projects should be run on interdisciplinary or transdisciplinary lines where skills intermesh, joint solutions emerge and perspectives change through working together. Contrast this with a multidisciplinary approach where experts share information and knowledge, but usually feed in their expert opinion without changing views.

In the interdisciplinary world the aim and intent - making a great place or street, for example – is central and continually in focus. The various experts jointly agree the characteristics and qualities of such a place. The only question then is how the expert discipline can help that overall goal.

In most stakeholder consultation processes after environmental services, highway engineering, the disability and safety specialists, retailers and other considerations have had their say the project may fall apart. Instead of asking ‘what are the highway or disability rules that apply to this project?’ the question should be ‘how can disability or highway legislation be flexibly used to make a great place?’

Aligning professional mindsets

Even though we have increasing expertise in the technical aspects that make up a neighbourhood or a building, those insights do not seem to provide the answer. The places, estates, institutions and buildings and often their programmes disappoint.

Planners project, surveyors cost, engineers calculate, architects visualize. Professions have their way of achieving insight, a particular set of organizing attributes and dispositions – in short, a mindset. But no profession can claim for itself, as many do, to understand the overarching complexity of places and how they work, be that a neighbourhood, a hospital or housing estate.

The task, then, is to shift to making a place as distinct from doing a project. This involves the complex art of seeing, understanding and acting upon how the physical, social, economic, emotional, psychological and cultural dynamics work. This applies not only to those defined as core professions, such as planners, engineers or architects, but also those concerned with issues such as health, urban entertainment or social care. Particular professional skills should become subsumed to the broader goals of successful place making. Mindsets need to be aligned. Professionals need to understand the essence of other disciplines and their professional languages.

The New Generalist

The new generalist, in the context of cities, knows how to think conceptually, spatially and visually and recognises multiple intelligences. This more rounded person is not the Jack of all trades or gifted amateur of older times. Their higher order skills help them analyse situations better by being able to grasp the essence of other specialist disciplines and to see the connections between them. They have a roving mind. Overlaid on this base are general personal qualities. These include: openness, listening and empathy as well as the capacity to judge the right timing and appropriateness to move into their near opposites of decisiveness and implementing things.

The requirements, for example, to create good cities go beyond the classic disciplines associated with urban development like design, planning, valuing and engineering. It requires people who can think about hardware and software issues simultaneously. For example, they will be able to understand the emotional effects of physical structures like roads or buildings. They will be able to combine attributes some of the specialist disciplines bring such as being acute observers, good visualisers, able information gatherers, sharp strategists or inspirers, sensitive facilitators and mediators, clear presenters and interesting story tellers.

Creative connectors: Overcoming entrenched interests

Successful places seem to have many creative connectors, who might be organizations or individuals. The connectors and facilitators stand above the nitty gritty of the day to day, important as this is, and look at ‘what really matters’ instead of getting stuck in detail or short term problems.

By standing above the fray they can focus on bringing people, organizations and ideas together and avoid getting involved in interest group politics. They take an eagle-eye view of things and rove over concerns and see the lines of possible alignment. They look for the common agenda and see issues many organizations view as quite important, but not as of prime importance as it is not their main raison d’etre. In most silo based organizations many issues slip through under-acknowledged, yet they may be the most important task for a place or organization. Examples include a city’s global positioning, developing cultural richness or assessing talent from a broader perspective. This is a task well beyond the educational sector, although they play an important part. After all school or university occupies only five to seven hours a day yet we behave as if it were 24 hours. Some of the most effective learning outcomes happen outside formal institutions.

The connector organization has a difficult role to play. It needs to present itself as beyond self-interest and be both powerful and not powerful simultaneously. Its needs power to draw credible people and organizations together. If it takes too much credit others will be jealous, yet it needs authority or to operate. The connector needs an unusual set of qualities, they include: Sharp focus, clarity, strategic intent, diplomatic skills, flexibility, the capacity to read situations and deal with power play; strong conceptual thinking to understand the essence of arguments, summarizing skills, the ability to chair and make meetings work.

Reframing

‘Reframing’ is changing the nature of something or a situation by looking at it from a different standpoint and by doing so unleashing potential and a fresh view. There is nothing radical in the idea itself except that it is rarely aspired to. But when it is, the results can be powerful. By turning strength into weakness, for example, the famous Emscher Park project in the industrial Ruhr area of Germany used its industrial degradation to its advantage. By developing a new industrial sector for environmental protection it transformed its degraded landscape and revitalised the economy. In similar exercises in reframing, children have been employed as planners in places like Rouen and Locarno. Taking a women’s perspective in Emscher and Vienna has highlighted facilities traditional planning tends to forget: enhanced spaces for social interaction; greater emphasis on play areas; better attention to lighting and safety issues; rethinking the interiors of apartments with greater attention to kitchens as the central place in households.

Co-creation

Co-creation between producers and users has existed in some spheres for a long time, in product design, community arts and the dispersed networks that track the sky. It has reached a new pitch with the possibilities of the internet and more recently the interactive Web 2.0. At its core it involves engaging users, creating feedback loops, co-defining products or outcomes expected, co-owning the process. There is a dynamic relationship.

We have lived with the idea that inventions and innovations should be protected by patents as this guards the income stream that repays the effort, research, resources expended and risk. Yet patent protection now appears has a flipside. It can reduce creative capacity and innovation potential because it locks in ideas within the domain of rights holders, monopolizes it and blocks others developing an idea, a product or process. Most evolving business models lure users as participants and producers. Examples include the social networking sites like My Space, Twitter and Facebook, where a core organisation provides a platform and creates a large community of users who generate, share, amend and distribute content. Public service organizations can develop similar feedback loops with their audiences and generate a mass of micro improvements and innovations to improve care, health, safety and education.

This is a different focus than simply making the value chain more effective. Instead it takes participation to the next level to co-design services. This is impossible within a vertical structure and will require people like safety officers, fire officers, youth workers, traffic engineers to rethink their roles and to reskill themselves.

Conclusion

New economic, cultural and social conditions require new organizational models to make them work well. A world where user driven problem solving and co-creation is more prevalent and which increasingly acknowledges the importance of engaged employees needs to create structures where their imagination, initiative can express itself more fully. The primary organizational focus then shifts. It demands greater fluidity, responsiveness and strategic agility. It does not give up trying to efficient, it seeks instead to be ‘creatively bureaucratic’ as a means of enhancing civic creativity.

The challenge for the new bureaucracy is to foster civic creativity as its ethos and to persuade their citizen partners and others that problems and opportunities are better addressed in this way. Civic creativity is imaginative problem-solving applied to public good objectives. It involves public sector institutions being more entrepreneurial and responsive to its various audiences within accountability principles and the private sector being more aware of its responsibilities to the collective whole.

Conclusions

• The public interest bureaucracies we have are insufficiently achieving what they set out to do, and failing to respond to major shifts on the horizon, such as the deep trend towards co-creation, will make this worse.

• The operating dynamics of the 21st-century bureaucracy that is responsive to its citizens and users and that provides fulfilling lives for those that work in them will be different in significant ways from what we are used to.

• One central organizational challenge is to shift from vertical structures to more horizontal ones and from hierarchies to networks and looser time dated task specific arrangements.

• The skills and core competences to run complex bureaucracies will change. A range of generic skills will become far more important such as the capacity to build relationships and ability to broker, to rove across disciplines and to understand the essence of each, to think conceptually, to learn the languages of different sectors, to communicate, to work in teams, to delegate and give up power for increased influence.

• There is under-exploited talent in most bureaucracies that wants to burst out. There should be a shift in focus to asking how we harness talent rather than adjusting structures.

• Centralization does not encourage creative bureaucracies. Decentralization and more autonomy remain key drivers to generate innovation and are essential to build creativity in to the system as the potential of more actors is harnessed.

A final thought

• Many attributes of the successful bureaucracy are difficult to measure as they concern attitudes and organizational cultures. Yet as Daniel Yankelovich the renowned American pollster noted: ‘The first step is to measure whatever can be easily measured. This is okay as far as it goes. The second step is to disregard that which can’t be measured or give it an arbitrary value. This is artificial and misleading. The third step is to presume what can’t be measured isn’t really important. This is blindness. The fourth step is to say that what can’t be easily measured really doesn’t exist. This is suicide!’

• The question ‘what is the value of a ‘creative bureaucracy’’ should be reversed to ‘what is the cost of not having a creative bureaucracy’

Examples:

Inventing rules afresh: Calgary’s Community Standards Process

Calgary recognized that getting people to comply with by-laws requires different tools and personnel with different skills than are normally found in enforcement jobs. Environmental by-laws are enacted to regulate and control actions or behaviours. Frequently, by-laws are developed based on a few complaints from a very vocal citizen group. Living in close proximity we by default influence each other’s lives, so it then becomes necessary to agree reasonable standards for things that affect our neighbours and a simple, safe process for resolution. This process generally happens with little input from citizens.

The vision behind the Community Standards by-law project is based on a few cornerstones or principles.

• Most people will abide by-laws they understand, agree with, see as relevant and feel they have been considered in the process – very few people will simply do as they are told.

• By-laws need to reflect the standards the community desires. What works in one place does not in another.

• The public needs to drive the process to set the guidelines to achieve compliance which includes getting violators to be part of the solution. The aim is to create a self-regulating system.

• Neighbourhood liveability requires a blend of respect and tolerance and processes that foster and support resolution, not punishment. By-laws, if properly constructed and applied, can provide a peaceful resolution to most issues. Strictly regulated by-laws can become a weapon in a neighbour war with the local by-law officials drawn in.

• The concept tries to get at least 95% of the public voluntarily to comply with by-laws because they make sense, can be understood and deserve support. Calgary calculated that they could not enforce against more than 5% of the population given the sheer volume.

As an example, take property. There were 12 different by-laws. All were created at different times and in isolation of each other and included things as: unsightly premises, nuisance, levels of waste, fire hazards, open burning, graffiti, noise or drainage. Several were very old and there were many areas of conflict within the rules.

The Community Standards programme set up an advisory committee made up of three members from each of the 14 electoral wards, one of which had to be young, as well as representatives from a variety of community/interest groups.

Starting with a blank piece of paper they assumed there were no by-laws. Over several months the group agreed what they want their city to look and feel like. They reached a consensus on what are acceptable/desirable activities in the community, what are problematic and need to be prohibited, what are potentially problematic and need to be regulated and what are outside of their ability to regulate.

The outcome, a Community Standards by-law, is a baseline of minimum acceptable standards for Calgary based on citizens’ expectations. The process does not stop with drafting a by-law. Implementation involves an extensive program of education and awareness, working with communities and others in a program called Partners in Compliance. By taking ownership of their neighbourhood the community participates in maintaining compliance. The local authority assists with resources to do community clean ups or other programmes that will lead to better compliance. The aim is to create a self regulating community where enforcement is rarely needed, yet voluntary compliance is high.

The by-law becomes a community tool written in a more flexible manner that does not rely solely on a set technical standard but provides regulations subject to interpretation, such as what type of noise is disturbing.

Their experience shows a 90 – 95% success rate in resolving issues compared to 30% of situations where there is third-party intervention relying on regulatory orders and which require follow-up intervention.

The broad goal is to provide a framework or agreed standards and provide mechanisms for self-regulation. The regulatory hammer lives in the background to intervene in cases where there is no desire to work collaboratively and to provide encouragement to seek non-regulatory resolution.

Thanks to Bill Bruce Calgary’s director of Bye-Laws for providing me with the material for this example.


The Bicycle Bell: Rules that build social capital

In Calgary there are 650 kilometres of shared-use pathways jointly used by walkers, cyclists, skateboarders and roller-bladers, runners and dog walkers. Rules enforced by the by-law officers ensure the system can operate safely. One is that all bicycles have to have a bell to alert other users. The penalty for failing to have one is a $57.00 fine. Failing to pay can have further consequences. Historically, officers would patrol the pathway and stop cyclists without a bell and fine them. These interactions were unpleasant and stressful for both the officer and cyclist. After the confrontation the cyclist would ride away angry with their $57.00 ticket but still with no bell on the bike – no compliance. Administering the fine cost the taxpayer $100 and more if the cyclist ended up in court.

The simple solution was to revisit the original goal of compliance and to review options to achieve it. The city were able to buy 100 bells wholesale at $1.00 per bell and 12 screwdrivers for each of the rangers.

Officers were given bells and a screw driver with the instruction to continue to enforce the regulation but to do it differently. During the dialogue with ‘offenders’, the officer covers the reasons why the bell is needed and the penalty for noncompliance. He then says they are lucky as he has a bell and a screw driver and if the cyclist is willing to install it now, the officer will not a ticket them. During the installation time, the officer takes advantage to continue the positive dialogue and educate the cyclist on other safety related regulations. At the end of this five- to ten-minute encounter, the cyclist rides away in compliance, educated and in a positive mood as they have been given a gift. The officer returns to duty after a constructive, unstressful encounter. The prime goal of compliance is achieved. To date, no one has declined to accept the bell and take the ticket option. This approach is far cheaper. Crucially with financial capital, the more you use it the more the less you have; with social capital the more you use it the more it achieves.

Freiburg: We had principles and we meant them

There are nearly as many solar installations in Freiburg, an historic university city in Southern Germany with a population of 200,000, as in the whole of the UK. Why, when most technologies are tried and tested, is the UK so far behind most of Europe? How did a largely conservative city become the ‘green’ capital of Europe? The main lessons are less in the details and much more concerned with showing principles, vision, will, motivation, and tenacity.

As Wulf Daseking the chief planner involved since the early 1980s noted in conversation:

‘It was all relatively easy, we had a few principles and we meant them – full stop. We discussed things with citizens and major players like the developers and through education and awareness raising got them on board – we showed them how in the long run they would benefit from our plans. Once they understood the framework, things were clearer. We provided a structure and predictability – that is really all they want. We were flexible about the look of buildings, we only insisted that the corner buildings that were prominent met the highest standards of design, many of those in between are not very attractive, but when they are part of an assembly of buildings they look alright. We had one advantage, Freiburg was growing so this gave us a lot of power. I have always said the key thing is not give power away to the developers, they have to work within our guidelines’.

In the early 1980s the threat of a nuclear waste plant being sited near the city galvanized interests across the political spectrum. When the Chernobyl disaster happened in the Ukraine in 1986 this gave an important impetus to rethink the city’s energy platform and the solar grouping proposed an alternative solar based strategy. Their impact grew and over time the political attitudes of all the major parties coalesced around the idea of Freiburg becoming a solar city.

Principles

The idea has been most fully worked through in two new major settlements: Riesefeld with 7,000 inhabitants and Vauban with 6,000 inhabitants.

Three main principles characterize these developments. First, there are strong ecological objectives such as integrating solar heating, feeding district heating systems with a combined heat and power plant, rainwater collection and upgrading the surrounding nature to reserve status. Second, there are traffic systems that give priority to public transport, pedestrians and bicycles. The secondary streets especially in Vauban are largely car-free as there are dedicated parking houses so encouraging children to play on the street. Third, priority is given to mixed use both in terms of income groups, local shopping and nearby work opportunities. Furthermore, public and private spaces interweave well creating green lungs in the developments and there is a flexible urban design framework that allows for future adaptation.

Practice

The commitment to these principles has manifested itself in wide-ranging policies of which the following are only a few:

Vaubon's ‘energy plus' homes are built on a North-South axis to make the most of sunlight, producing more energy than they consume.

One-third of Freiburg's streets are reserved for bicycles, one-third for trams and buses and a third for private vehicles.

The implementation of urban development is based on agreements between the city and private owners. An important element has been getting building contractors and architects on board and this means keeping everyone well informed.

Freiburg has sold off plots of land to groups of families so they can employ an architect and build their own flats.

Impacts

Importantly Freiburg’s reputation has led to a series of significant economic spin-offs. First, it has attracted Europe's foremost solar power research institute as well as other organizations and research centres related to alternative energy. These have encouraged experimental prototype solar buildings. Second, it has led to an active economic sector leading the world in a variety of technologies. Third, in collaboration with its economic development agency it created the major solar energy exhibition and trade fair that has become so successful that it has been franchised and transferred to Munich. In addition it helped create a sister event in San Francisco. Finally, expert visits to Freiburg have become a niche tourism market largely provided by the municipality accounting for 20000 visits. Freiburg shows that there is more to a green vision than house-building alone.

Apps for Democracy

“Apps for Democracy produced more savings for the D.C.government than any other initiative.” - Vivek Kundra, former Chief Technology Officer of Washington, DC and currently President Obama’s Chief Information Officer

In the autumn of 2008, Washington’s Office of the Chief Technology Office asked iStrategyLabs how it could make its vast Data Catalogue useful for citizens, visitors, businesses and government agencies in Washington, DC. The Data Catalogue contains all manner of open public data featuring real-time crime feeds, school test scores, and poverty indicators, and is the most comprehensive of its kind in the world.

The old way - the Web 1.0 way - they felt would cost a couple of $million by outsourcing it to a single supplier and would probably not deliver a very good product. They felt combining with citizens talent would be far more effective. Only two rules applied, the first was to use the Washington Data Catalogue and the second to use open source with creative commons licensing so the results could be shared.

Their solution was to create Apps for Democracy. The first edition contest cost the local authority $50,000 and returned 47 iPhone, Facebook and web applications with an estimated value in excess of $2,600,000 to the city. They include: A car pooling organizer, new biking maps, a ‘We the People Wiki’ peer-led community reference website that anyone can edit based on the public data, an application called ‘Aware Real Time Alerts’ on crime reports, building permits and the like.

The next round is the "Community Edition" and they are looking for 5000 feedback items. It has two aims: to engage the people of Washington, DC to ask for their input into the problems and then to crowd source ideas that can be addressed with technology. Second, to build the best community platform as well as their ideas about the perfect system to receive feedback and service requests through blog posts, email surveys, video testimonials, voice call-in captures or twitter update submissions. At the conclusion the applications that win will be considered for government support and helped with commercialisation

Conclusions

• The public interest bureaucracies we have are insufficiently achieving what they set out to do, and responding to major shifts on the horizon, such as the deep trend towards co-creation, will make this worse.

• The operating dynamics of the 21st-century bureaucracy that is responsive to its citizens and users and that provides fulfilling lives for those that work in them will be different in significant ways from what we are used to.

• One central organizational challenge is to shift from vertical structures to more horizontal ones and from hierarchies to networks and looser time dated task specific arrangements.

• The skills and core competences to run complex bureaucracies will change. A range of generic skills will become far more important such as the capacity to build relationships and ability to broker, to rove across disciplines and to understand the essence of each, to think conceptually, to learn the languages of different sectors, to communicate, work in teams, to delegate and give up power for increased influence.

• There is under-exploited talent in most bureaucracies that wants to burst out. There should be a shift in focus to asking how we harness talent rather than adjusting structures.

• Centralization does not encourage creative bureaucracies. Decentralization and more autonomy remain key drivers to generate innovation and are essential to build creativity in to the system as the potential of more actors is harnessed.

A final thought

• Many attributes of the successful bureaucracy are difficult to measure as they concern attitudes and organizational cultures. Yet as Daniel Yankelovich the renowned American pollster noted: ‘The first step is to measure whatever can be easily measured. This is okay as far as it goes. The second step is to disregard that which can’t be measured or give it an arbitrary value. This is artificial and misleading. The third step is to presume what can’t be measured isn’t really important. This is blindness. The fourth step is to say that what can’t be easily measured really doesn’t exist. This is suicide!’

• The question ‘what is the value of a ‘creative bureaucracy’’ should be reversed to ‘what is the cost of not having a creative bureaucracy’

Thanks to Bill Bruce, Margaret Caust, Ed Beerbohm, Phil Wood, Paul Rubinstein for help and advice

Charles Landry is the author of: The Creative City: A toolkit for urban innovators’, ‘The Art of City Making’ and with my colleague Phil Wood ‘The Intercultural City: Planning for Diversity Advantage’.

Monday, 30 June 2008

Welcome...

... to the Creative Bureaucracy blog, a Comedia blog about all things bureaucratic.

For a while now we at Comedia have been thinking about what makes bureaucracies tick, in ways good and bad. What is the make up of 'the bureaucratic mindset,' if such a singularity exists? Can we identify ways in which bureaucrats can be encouraged to think differently - more imaginatively perhaps - to tackle the problems they encounter on a day-to-day basis? What, in fact, do we mean by 'bureaucracy'? We all use the word fairly glibly, but while we are comfortable with the sign, there is little clarity regarding the referent: Do we mean a group of people ('bureaucrats'), 'red tape' (rules/regulations, paperwork and its computerised equivalents, etc), a way of doing things, a system (the '-cracy' bit), all of the above +?

In English at least the word 'bureaucracy' connotes more negative associations than positive and is often used pejoratively. But here we want to encourage a more neutral conception of the term. Bureaucracies happen and have been with us as long as civilization itself. They arise in any organization given a certain size and level of complexity. As such, they are not confined to public works as anyone who has worked in a large company will bear witness.

This, then, is not any sort of anti-bureaucracy blog nor is it intended to be a repository of moans. The point is to note ways in which bureaucracies can be made more palatable, effective and sometimes even creative, and to disseminate these. But anything goes. We're interested in bureaucracy professionally, academically, culturally, informally, philosophically, psychologically... You get the drift. We will post accounts of our own experiences (in both our work and personal lives), thoughts, strange encounters, cultural references - anything centrally or vaguely relating to bureaucracy really. And we encourage anyone vaguely moved to respond to do so with reactions (antagonistic welcome, weird-aggressive less so), observations, suggestions and thoughts negative, positive, obscure, funny, surreal

Principles of Management

A principle refers to a fundamental truth. It establishes cause and effect relationship between two or more variables under given situation. They serve as a guide to thought & actions. Therefore, management principles are the statements of fundamental truth based on logic which provides guidelines for managerial decision making and actions. These principles are derived: -
  1. On the basis of observation and analysis i.e. practical experience of managers.
  2. By conducting experimental studies.
There are 14 Principles of Management described by Henri Fayol.
  1. Division of Labor
    1. Henry Fayol has stressed on the specialization of jobs.
    2. He recommended that work of all kinds must be divided & subdivided and allotted to various persons according to their expertise in a particular area.
    3. Subdivision of work makes it simpler and results in efficiency.
    4. It also helps the individual in acquiring speed, accuracy in his performance.
    5. Specialization leads to efficiency & economy in spheres of business.
  2. Party of Authority & Responsibility
    1. Authority & responsibility are co-existing.
    2. If authority is given to a person, he should also be made responsible.
    3. In a same way, if anyone is made responsible for any job, he should also have concerned authority.
    4. Authority refers to the right of superiors to get exactness from their sub-ordinates whereas responsibility means obligation for the performance of the job assigned.
    5. There should be a balance between the two i.e. they must go hand in hand.
    6. Authority without responsibility leads to irresponsible behavior whereas responsibility without authority makes the person ineffective.
  3. Principle of One Boss
    1. A sub-ordinate should receive orders and be accountable to one and only one boss at a time.
    2. In other words, a sub-ordinate should not receive instructions from more than one person because -
        -  It undermines authority
        -  Weakens discipline
        -  Divides loyalty
        -  Creates confusion
        -  Delays and chaos
        -  Escaping responsibilities
        -  Duplication of work
        -  Overlapping of efforts
    3. Therefore, dual sub-ordination should be avoided unless and until it is absolutely essential.
    4. Unity of command provides the enterprise a disciplined, stable & orderly existence.
    5. It creates harmonious relationship between superiors and sub-ordinates.
  4. Unity of Direction
    1. Fayol advocates one head one plan which means that there should be one plan for a group of activities having similar objectives.
    2. Related activities should be grouped together. There should be one plan of action for them and they should be under the charge of a particular manager.
    3. According to this principle, efforts of all the members of the organization should be directed towards common goal.
    4. Without unity of direction, unity of action cannot be achieved.
    5. In fact, unity of command is not possible without unity of direction.
Basis Unity of command Unity of direction
Meaning It implies that a sub-ordinate should receive orders & instructions from only one boss. It means one head, one plan for a group of activities having similar objectives.
Nature It is related to the functioning of personnel’s. It is related to the functioning of departments, or organization as a whole.
Necessity It is necessary for fixing responsibility of each subordinates. It is necessary for sound organization.
Advantage It avoids conflicts, confusion & chaos. It avoids duplication of efforts and wastage of resources.
Result It leads to better superior sub-ordinate relationship. It leads to smooth running of the enterprise.
Therefore it is obvious that they are different from each other but they are dependent on each other i.e. unity of direction is a pre-requisite for unity of command. But it does not automatically comes from the unity of direction.
  1. Equity
    1. Equity means combination of fairness, kindness & justice.
    2. The employees should be treated with kindness & equity if devotion is expected of them.
    3. It implies that managers should be fair and impartial while dealing with the subordinates.
    4. They should give similar treatment to people of similar position.
    5. They should not discriminate with respect to age, caste, sex, religion, relation etc.
    6. Equity is essential to create and maintain cordial relations between the managers and sub-ordinate.
    7. But equity does not mean total absence of harshness.
    8. Fayol was of opinion that, “at times force and harshness might become necessary for the sake of equity”.
  2. Order
    1. This principle is concerned with proper & systematic arrangement of things and people.
    2. Arrangement of things is called material order and placement of people is called social order.
    3. Material order- There should be safe, appropriate and specific place for every article and every place to be effectively used for specific activity and commodity.
    4. Social order- Selection and appointment of most suitable person on the suitable job. There should be a specific place for every one and everyone should have a specific place so that they can easily be contacted whenever need arises.
  3. Discipline
    1. According to Fayol, “Discipline means sincerity, obedience, respect of authority & observance of rules and regulations of the enterprise”.
    2. This principle applies that subordinate should respect their superiors and obey their order.
    3. It is an important requisite for smooth running of the enterprise.
    4. Discipline is not only required on path of subordinates but also on the part of management.
    5. Discipline can be enforced if -
        -  There are good superiors at all levels.
        -  There are clear & fair agreements with workers.
        -  Sanctions (punishments) are judiciously applied.
  4. Initiative
    1. Workers should be encouraged to take initiative in the work assigned to them.
    2. It means eagerness to initiate actions without being asked to do so.
    3. Fayol advised that management should provide opportunity to its employees to suggest ideas, experiences& new method of work.
    4. It helps in developing an atmosphere of trust and understanding.
    5. People then enjoy working in the organization because it adds to their zeal and energy.
    6. To suggest improvement in formulation & implementation of place.
    7. They can be encouraged with the help of monetary & non-monetary incentives.
  5. Fair Remuneration
    1. The quantum and method of remuneration to be paid to the workers should be fair, reasonable, satisfactory & rewarding of the efforts.
    2. As far as possible it should accord satisfaction to both employer and the employees.
    3. Wages should be determined on the basis of cost of living, work assigned, financial position of the business, wage rate prevailing etc.
    4. Logical & appropriate wage rates and methods of their payment reduce tension & differences between workers & management creates harmonious relationship and pleasing atmosphere of work.
    5. Fayol also recommended provision of other benefits such as free education, medical & residential facilities to workers.
  6. Stability of Tenure
    1. Fayol emphasized that employees should not be moved frequently from one job position to another i.e. the period of service in a job should be fixed.
    2. Therefore employees should be appointed after keeping in view principles of recruitment & selection but once they are appointed their services should be served.
    3. According to Fayol. “Time is required for an employee to get used to a new work & succeed to doing it well but if he is removed before that he will not be able to render worthwhile services”.
    4. As a result, the time, effort and money spent on training the worker will go waste.
    5. Stability of job creates team spirit and a sense of belongingness among workers which ultimately increase the quality as well as quantity of work.
  7. Scalar Chain
    1. Fayol defines scalar chain as ’The chain of superiors ranging from the ultimate authority to the lowest”.
    2. Every orders, instructions, messages, requests, explanation etc. has to pass through Scalar chain.
    3. But, for the sake of convenience & urgency, this path can be cut shirt and this short cut is known as Gang Plank.
    4. A Gang Plank is a temporary arrangement between two different points to facilitate quick & easy communication as explained below:
      In the figure given, if D has to communicate with G he will first send the communication upwards with the help of C, B to A and then downwards with the help of E and F to G which will take quite some time and by that time, it may not be worth therefore a gang plank has been developed between the two.
    5. Gang Plank clarifies that management principles are not rigid rather they are very flexible. They can be moulded and modified as per the requirements of situations
  8. Sub-Ordination of Individual Interest to General Interest
    1. An organization is much bigger than the individual it constitutes therefore interest of the undertaking should prevail in all circumstances.
    2. As far as possible, reconciliation should be achieved between individual and group interests.
    3. But in case of conflict, individual must sacrifice for bigger interests.
    4. In order to achieve this attitude, it is essential that -
        -  Employees should be honest & sincere.
        -  Proper & regular supervision of work.
        -  Reconciliation of mutual differences and clashes by mutual agreement. For example, for change of location of plant, for change of profit sharing ratio, etc.
  9. Espirit De’ Corps (can be achieved through unity of command)
    1. It refers to team spirit i.e. harmony in the work groups and mutual understanding among the members.
    2. Spirit De’ Corps inspires workers to work harder.
    3. Fayol cautioned the managers against dividing the employees into competing groups because it might damage the moral of the workers and interest of the undertaking in the long run.
    4. To inculcate Espirit De’ Corps following steps should be undertaken -
      • There should be proper co-ordination of work at all levels
      • Subordinates should be encouraged to develop informal relations among themselves.
      • Efforts should be made to create enthusiasm and keenness among subordinates so that they can work to the maximum ability.
      • Efficient employees should be rewarded and those who are not up to the mark should be given a chance to improve their performance.
      • Subordinates should be made conscious of that whatever they are doing is of great importance to the business & society.
    5. He also cautioned against the more use of Britain communication to the subordinates i.e. face to face communication should be developed. The managers should infuse team spirit & belongingness. There should be no place for misunderstanding. People then enjoy working in the organization & offer their best towards the organization.
  10. Centralization & De-Centralization
    1. Centralization means concentration of authority at the top level. In other words, centralization is a situation in which top management retains most of the decision making authority.
    2. Decentralization means disposal of decision making authority to all the levels of the organization. In other words, sharing authority downwards is decentralization.
    3. According to Fayol, “Degree of centralization or decentralization depends on no. of factors like size of business, experience of superiors, dependability & ability of subordinates etc.
    4. Anything which increases the role of subordinate is decentralization & anything which decreases it is centralization.
    5. Fayol suggested that absolute centralization or decentralization is not feasible. An organization should strike to achieve a lot between the two.

good governments

Good Governance and Human Rights

Overview

What is good governance?
There is no single and exhaustive definition of “good governance,” nor is there a delimitation of its scope, that commands universal acceptance. The term is used with great flexibility; this is an advantage, but also a source of some difficulty at the operational level. Depending on the context and the overriding objective sought, good governance has been said at various times to encompass: full respect of human rights, the rule of law, effective participation, multi-actor partnerships, political pluralism, transparent and accountable processes and institutions, an efficient and effective public sector, legitimacy, access to knowledge, information and education, political empowerment of people, equity, sustainability, and attitudes and values that foster responsibility, solidarity and tolerance.
However, there is a significant degree of consensus that good governance relates to political and institutional processes and outcomes that are deemed necessary to achieve the goals of development. It has been said that good governance is the process whereby public institutions conduct public affairs, manage public resources and guarantee the realization of human rights in a manner essentially free of abuse and corruption, and with due regard for the rule of law. The true test of "good" governance is the degree to which it delivers on the promise of human rights: civil, cultural, economic, political and social rights. The key question is: are the institutions of governance effectively guaranteeing the right to health, adequate housing, sufficient food, quality education, fair justice and personal security?
Key attributes of good governance
The concept of good governance has been clarified by the work of the former Commission on Human Rights. In its resolution 2000/64, the Commission identified the key attributes of good governance:
  • transparency
  • responsibility
  • accountability
  • participation
  • responsiveness (to the needs of the people)
By linking good governance to sustainable human development, emphasizing principles such as accountability, participation and the enjoyment of human rights, and rejecting prescriptive approaches to development assistance, the resolution stands as an implicit endorsement of the rights-based approach to development.
Resolution 2000/64 expressly linked good governance to an enabling environment conducive to the enjoyment of human rights and "prompting growth and sustainable human development." In underscoring the importance of development cooperation for securing good governance in countries in need of external support, the resolution recognized the value of partnership approaches to development cooperation and the inappropriateness of prescriptive approaches.
How are good governance and human rights linked?
Good governance and human rights are mutually reinforcing. Human rights principles provide a set of values to guide the work of governments and other political and social actors. They also provide a set of performance standards against which these actors can be held accountable. Moreover, human rights principles inform the content of good governance efforts: they may inform the development of legislative frameworks, policies, programmes, budgetary allocations and other measures.
On the other hand, without good governance, human rights cannot be respected and protected in a sustainable manner. The implementation of human rights relies on a conducive and enabling environment. This includes appropriate legal frameworks and institutions as well as political, managerial and administrative processes responsible for responding to the rights and needs of the population.
The links between good governance and human rights can be organized around four areas:
  • Democratic institutions
When led by human rights values, good governance reforms of democratic institutionscreate avenues for the public to participate in policymaking either throughformal institutions or informal consultations. They also establish mechanisms forthe inclusion of multiple social groups in decision-making processes, especiallylocally. Finally, they may encourage civil society and local communities to formulateand express their positions on issues of importance to them.
  • Service delivery
In the realm of delivering state services to the public, good governance reforms advance human rights when they improve the state’s capacity to fulfil its responsibility to provide public goods which are essential for the protection of a number of human rights, such as the right to education, health and food. Reform initiatives may include mechanisms of accountability and transparency, culturally sensitive policy tools to ensure that services are accessible and acceptable to all, and paths for public participation in decision-making.
  • Rule of law
When it comes to the rule of law, human rights-sensitive good governance initiatives reform legislation and assist institutions ranging from penal systems to courts and parliaments to better implement that legislation. Good governance initiatives may include advocacy for legal reform, public awareness-raising on the national and international legal framework, and capacity-building or reform of institutions.
  • Anti-Corruption
In fighting corruption, good governance efforts rely on principles such as accountability, transparency and participation to shape anti-corruption measures. Initiatives may include establishing institutions such as anti-corruption commissions, creating mechanisms of information sharing, and monitoring governments’ use of public funds and implementation of policies.
Good governance, human rights and development
The interconnection between good governance, human rights and sustainable development has been made directly or indirectly by the international community in a number of declarations and other global conference documents. For example, the Declaration on the Right to Development proclaims that every human person and all peoples “are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development” (article 1). In the Millennium Declaration, world leaders affirmed their commitment to promote democracy and strengthen the rule of law as well as to respect internationally recognized human rights and fundamental freedoms, including the right to development. According to the United Nations strategy document on the millennium development goals (MDGs), entitled “The United Nations and the MDGs: a Core Strategy', "the MDGs have to be situated within the broader norms and standards of the Millennium Declaration," including those on “human rights, democracy and good governance.”
The concept of good governance in the main international human rights instruments
From a human rights perspective, the concept of good governance can be linked to principles and rights set out in the main international human rights instruments. Article 21 of the Universal Declaration of Human Rights recognizes the importance of a participatory government and article 28 states that everyone is entitled to a social and international order in which the rights and freedoms set forth in the Declaration can be fully realized. The two International Covenants on Human Rights contain language that is more specific about the duties and role of governments in securing the respect for and realization of all human rights. Article 2 of the International Covenant on Civil and Political Rights requires states parties to respect and to ensure the rights recognized in the Covenant and to take the necessary steps to give effect to those rights. In particular, states should provide an effective remedy to individuals when their rights are violated, and provide a fair and effective judicial or administrative mechanism for the determination of individual rights or the violation thereof. Under the International Covenant on Economic, Social and Cultural Rights, states are obliged to take steps with a view to achieving progressively the full realization of the rights recognized in the Covenant by all appropriate means.
The human rights treaty monitoring bodies have given some attention to the different elements of good governance. In general comment No. 12, on the right to food, the Committee on Economic, Social and Cultural Rights stated that “Good governance is essential to the realization of all human rights, including the elimination of poverty and ensuring a satisfactory livelihood for all.” The Committee on the Rights of the Child has on several occasions addressed the issue of governments’ capacity to coordinate policies for the benefit of the child and the issue of decentralization of services and policy-making. It has also addressed corruption as a major obstacle to the achievement of the Convention’s objectives. The Human Rights Committee generally addresses issues related to the provision of adequate remedies, due process and fair trial in the context of the administration of justice in each state. It regularly emphasizes the importance of independent and competent judges for the adequate protection of the rights set forth in the Convention.

good governments

Pengertian :
Good government adalah suatu kesepakatan menyangkut pengaturan negara yang diciptakan bersama oleh pemerintah, masyarakat madani, dan swasta. Good government juga merupakan seperangkat peraturan yang mengatur hubungan antara pemegang saham, pengurus (pengelola perusahaan), pihak kreditur, pemerintah, karyawan, serta para pemegang kepentingan intern dan ekstern lainnya yang berkaitan dengan hak-hak atau kewajiban mereka, atau dengan kata lain suatu system yang mengatur dan mengendalikan perusahaan.

Maksud dan Tujuan :

Menggunakan dan melaksanakan kewenangan politik, ekonomi dan administratif agar dapat diselenggarakan dengan baik. Oleh sebab itu dalam prakteknya, konsep good government harus ada dukungan komitmen dari semua pihak yaitu negara (state)/pemerintah (government), swasta (private) dan masyarakat (society).

Dasar-dasar Hukum :

1. Transparansi (transparency)
2. Akuntabilitas (accountability)
3. Pertanggungjawaban (responsibility)
4. Independensi (independency)
5. Kesetaraan dan kewajaran (fairness)

Contoh Lokasi :

Penerapan good government pernah terjadi di Indonesia yaitu saat pemerintahan Kabinet Persatuan Nasional Gus Dur –Mega baik dalam pembentukan maupun dalam pelaksanaannya ada pengaruh besar dari pemikiran good government.

Manfaatnya :

1. Mendorong tercapainya kesinambungan perusahaan melalui pengelolaan yang didasarkan pada asa transparansi, akuntabilitas, responsibilitas, independensi, serta kesetaraan dan kewajaran.
2. Mendorong timbulnya kesadaran dan tanggung jawab sosial perusahaan terhadap masyarakat dan kelestarian lingkungan terutama di sekitar perusahaan.
3. Meningkatkan daya saing perusahaan secara nasional maupun internasional sehingga meningkatkan kepercayaan pasar yang dapat mendorong arus investasi dan pertumbuhan ekonomi nasional yang berkesinambungan.

Uraian yang berkaitan dengan kesejahteraan masyarakat :
Pelaksanaan good government yang benar-benar jadi tantangan dari Kabinet Persatuan Nasional ini ialah dengan otonomi Daerah. Bagaimana refunctioning kewenangan-kewenangan pusat daerah. Kemudian reposisi dari para pegawai ke daerah-daerah. Diplot sesuai dengan kemampuan pendanaan daerah baik dari taxing power dan dari tax share.

Jumat, 29 Maret 2013

Sistem Pemerintahan Indonesia

Sistem Pemerintahan Indonesia

 
Secara teori, berdasarkan UUD 1945, Indonesia menganut sistem pemerintahan presidensiil. Namun dalam prakteknya banyak bagian-bagian dari sistem pemerintahan parlementer yang masuk ke dalam sistem pemerintahan di Indonesia. Sehingga secara singkat bisa dikatakan bahwa sistem pemerintahan yang berjalan i Indonesia adalah sistem pemerintahan yang merupakan gabungan atau perpaduan antara sistem pemerintahan presidensiil dengan sistem pemerintahan parlementer.

Apalagi bila dirunut dari sejarahnya, Indonesia mengalami beberapa kali perubahan sistem pemerintahan. Indonesia pernah menganut sistem kabinet parlementer pada tahun 1945 - 1949. kemudian pada rentang waktu tahun 1949 - 1950, Indonesia menganut sistem pemerintahan parlementer yang semu. Pada tahun 1950 - 1959, Indonesia masih menganut sistem pemerintahan parlementer dengan demokrasi liberal yang masih bersifat semu. Sedangkan pada tahun 1959 - 1966, Indonesia menganut sistem pemerintahan secara demokrasi terpimpin.

Perubahan dalam sistem pemerintahan tidak hanya berhenti sampai disitu saja. Karena terjadi perbedaan pelaksanaan sistem pemerintahan menurut UUD 1945 sebelum UUD 1945 diamandemen  dan setelah terjadi amandemen UUD 1945 pada tahun 1999 - 2002. Berikut ini adalah perbedaan sistem pemerintahan sebelum terjadi amandemen dan setelah terjadi amandemen pada UUD 1945 :
# Sebelum terjadi amandemen :
  • MPR menerima kekuasaan tertinggi dari rakyat
  • Presiden sebagai kepala penyelenggara pemerintahan
  • DPR berperan sebagai pembuat Undang - Undang
  • BPK berperan sebagai badan pengaudit keuangan
  • DPA berfungsi sebagai pemberi saran/pertimbangan kepada presiden / pemerintahan
  • MA berperan sebagai lembaga pengadilan dan penguki aturan yang diterbitkan pemerintah.

# Setelah terjadi amandemen :
  • Kekuasaan legislatif lebih dominan
  • Presiden tidak dapat membubarkan DPR
  • Rakyat memilih secara langsung presiden dan wakil presiden
  • MPR tidak berperan sebagai lembaga tertinggi lagi
  • Anggota MPR terdiri dari seluruh anggota DPR ditambah anggota DPD yang dipilih secar langsung oleh rakyat
  •  
Dalam sistem pemerintahaan presidensiil yang dianut di Indonesia, pengaruh rakyat terhadap kebijaksanaan politik kurang menjadi perhatian. Selain itu, pengawasan rakyat terhadap pemerintahan juga kura begitu berpengaruh karena pada dasarnya terjadi kecenderungan terlalu kuatnya otoritas dan konsentrasi kekuasaan yang ada di tangan presiden. Selain itu, terlalu sering terjadi pergantian pejabat di kabinet karena presiden mempunyai hak prerogatif untuk melakukan itu.

sistem Pemerintahan Daerah

Sistem Pemerintahan Daerah


Sistem pemerintahan daerah sangat erat kaitannya dengan otonomi daerah yang saat ini telah berlangsung di Indonesia. Bila sebelum diperkenalkan otonomi daerah, semua sistem pemerintahan bersifat sentralisasi atau terpusat. Dengan pelaksanaan otonomi daerah diharapkan daerah mampu mengatur sistem pemerintahannya sendiri dengan memaksimalkan potensi daerah yang dimiliki. Walaupun demikian, ada beberapa hal tetap dikendalikan oleh pemerintah pusat. Seperti hubungan diplomatik, kerjasama perdagangan, dll.
Sistem pemerintahan daerah juga sebenarnya merupakan salah satu bentuk penyelenggara pemerintahan yang efektif dan efisien. Karena pada dasarnya tidak mungkin pemerintah pusat mengatur serta mengelola negara dengan segala permasalahan yang kompleks. Sementara itu, pemerintah daerah juga merupakan training ground serta pengembangan demokrasi dalam sebuah negara. Disadari atau tidak, sistem pemerintahan daerah sebenarnya merupakan persiapan untuk karir politik lanjutan yang biasanya terdapat pada pemerintahan pusat. 
Mengapa harus dilakukan desentralisasi sistem pemerintahan? Karena pada dasarnya stabilitas politik nasional berawal dari stabilitas politik tingkat daerah. Masyarakat baik secara sendiri - sendiri maupun secara berkelompok akan ikut terlibat dalam mempengaruhi pemerintahannya untuk membuat kebijakan, terutama yang menyangkut kepentingan mereka / kepentingan rakyat banyak. Dengan pelaksanaan desentralisasi sistem pemerintahan bisa memungkinkan representasi yang lebih luas dari berbagai kelompok politik, etnis, serta keagamaan di dalam perencanaan pembangunan.
Sistem pemerintahan daerah juga membuka peluang bagi masyarakat daerah untuk meningkatkan kapasitas teknik dan manajerial sehingga bisa meningkatkan pengaruh serta pengawasan atas berbagai aktivitas yang dilakukan oleh para elit lokal. Dalam sistem pemerintahan daerah juga bisa memungkinkan para pemimpin daerah untuk menetapkan pelayanan dan fasilitas secara efektif di tengah - tengah masyarakat, mengintegrasikan daerah - daerah yang terisolasi, memonitor dan melakukan evaluasi implementasi proyek pembangunan dengan lebih baik bila dibandingan pengawasan yang dilakukan oleh pejabat dari pusat.

SISTEM PEMERINTAHAN


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a. Pengertian Sistem Pemerintahan

Istilah sistem pemerintahan merupakan gabungan dari dua kata, yaitu: “sistem” dan “pemerintahan”. Sistem berarti keseluruhan yang terdiri dari beberapa bagian yang mempunyai hubungan fungsional baik antara bagian-bagian maupun hubungan fungsional terhadap keseluruhannya, sehingga hubungan tersebut menimbulkan suatu ketergantungan antara bagian-bagian yang akibatnya jika salah satu bagian tidak bekerja dengan baik akan mempengaruhi keseluruhnya itu. Dan pemerintahan dalam arti luas mempunyai pengertian segala urusan yang dilakukan negara dalam menyelenggarakan kesejahteraan rakyatnya dan kepentingan negara itu sendiri. Dari pengertian itu, maka secara harfiah sistem pemerintahan dapat diartikan sebagai suatu bentuk hubungan antar lembaga negara dalam menyelenggarakan kekuasaan-kekuasaan negara untuk kepentingan negara itu sendiri dalam rangka untuk mewujudkan kesejahteraan rakyatnya.
Menurut Moh. Mahfud MD, sistem pemerintahan negara adalah mekanisme kerja dan koordinasi atau hubungan antara ketiga cabang kekuasaan yaitu legislatif, eksekutif dan yudikatif (Moh. Mahfud MD, 2001: 74). Dengan demikian dapat disimpulkan sistem pemerintahan negara adalah sistem hubungan dan tata kerja antar lembaga-lembaga negara dalam rangka penyelenggaraan negara.

b. Macam-macam Sistem Pemerintahan

Ada beberapa sistem pemerintahan yang dianut negara-negara di dunia, misalnya saja sistem yang sering dianut oleh negara demokrasi adalah sistem presidensial dan sistem parlementer. Di dalam studi ilmu negara dan ilmu politik sendiri dikenal adanya tiga sistem pemerintahan yaitu: Presidensial, Parlementer, dan Referendum.
a) Sistem Presidensial
Dalam sistem Presidensial secara umum dapat disimpulkan mempunyai ciri-ciri sebagai berikut:
a. Kepala Negara sekaligus menjadi Kepala Pemerintahan (eksekutif).
b. Pemerintah tidak bertanggung jawab kepada parlemen (DPR). Pemerintah dan parlemen mempunyai kedudukan yang sejajar.
c. Eksekutif dan Legislatif sama-sama kuat.
d. Menteri-menteri diangkat dan bertanggung jawab kepada Presiden.
e. Masa jabatan Presiden dan Wakil Presiden tertentu, misalnya 5 tahun.
b) Sistem Parlementer
Sedangkan dalam sistem parlementer prinsip-prinsip atau ciri-cirinya adalah sebagai berikut:
a. Kepala negara tidak berkedudukan sebagai kepala pemerintahan karena ia lebih bersifat simbol nasional.
b. Pemerintahan dilakukan oleh sebuah Kabinet yang dipimpin oleh seorang perdana Menteri.
c. Kedudukan eksekutif lebih lemah dari pada parlemen.
d. Kabinet bertanggung jawab kepada Parlemen, dan dapat dijatuhkan parlemen melalui mosi.
Untuk mengatasi kelemahan sistem parlemen yang terkesan mudah jatuh bangun, maka kabinet dapat meminta kepada Kepala Negara untuk membubarkan parlemen (DPR) dengan alasan yang sangat kuat sehingga parlemen dinilai tidak representatif.
c) Sistem Referendum
Dalam sistem referendum badan eksekutif merupakan bagian dari legislatif. Badan eksekutif yang merupakan bagian badan legislatif adalah badan pekerja legislatif. Artinya dalam system ini badan legislatif membentuk sub badan di dalamnya sebagai pelaksana tugas pemerintah. Kontrol terhadap badan legislatif di dalam sistem ini dilakukan langsung oleh rakyat melalui lembaga referendum.
Pembuat undang-undang dalam sistem ini diputuskan langsung oleh seluruh rakyat melalui dua macam mekanisme, yaitu:
a. Referendum obligatoir, yaitu referendum untuk menentukan disetujui atau tidaknya oleh rakyat tentang berlakunya suatu peraturan atau undang-undang yang baru. Referendum ini disebut referendum wajib.
b. Referendum fakultatif, yaitu referendum untuk menentukan apakah suatu peraturan atau undang-undang yang sudah ada tetap untuk terus diberlakukan ataukah harus dicabut. Referundum ini merupakan referendum tidak wajib.
c. Dalam prakteknya sistem yang sering dipakai oleh negara-negara adalah sistem presidential atau sistem parlementer. Seperti halnya Indonesia yang pernah menerapkan kedua sistem itu. Sebelum perubahan UUD 1945 Indoneia menganut sistem presidensial, namun penerapannya tidak murni atau bisa dikatakan “quasi presidensial”. Menginggat presiden adalah sebagai mandataris MPR yang konsekuensinya harus bertanggung jawab kepada MPR (parlemen), namun setalah perubahan UUD 1945 Indonesia menganut sistem pemerintah presidensial secara murni karena presiden tidak lagi bertanggung jawab kepada MPR (parlemen).

PENGERTIAN PEMERINTAHAN

Pengertian pemerintah adalah sistem untuk menjalankan wewenang dan kekuasaan dalam mengatur kehidupan sosial, ekonomi dan politik, suatu negara atau bagian-bagiannya.

Pengertian pemerintah yang lainnya adalah sekelompok orang yang secara bersama-sama memikul tanggung jawab terbatas untuk menggunakan kekuasaan. Pemerintah juga bisa diartikan sebagai penguasa suatu negara atau badan tertinggi yang memerintah suatu negara.

Istilah pemerintah mungkin pernah kita dengar dalam kaitannya dengan kolonial yang membentuk kata pemerintah kolonial. Pengertian pemerintah kolonial sendiri adalah pemerintah yang dibangun di bawah inspirasi filsafat merkantilisme yang tercermin dalam pemerintahan wilayah yang diduduki.

Dalam bahasa inggris pemerintah memiliki padanan kata dengan ‘government’ yang artinya;

“A group of people governing a country or state”

Jika diterjemahkan, pengertian pemerintah dalam bahasa inggris tersebut menjadi “Sekelompok orang yang mengatur suatu negeri atau negara”. Jadi pengertian pemerintah dalam kedua bahasa diatas memiliki kesamaan.