T13P05 - Towards Inclusive Bureaucracies for Diverse Societies - Policy Implications of (Non-)Representative Bureaucracies

Topic : Gender, Diversity and Public Policy

Panel Chair : Eckhard Schroeter - eckhard.schroeter@zu.de

Objectives and Scientific Relevance of the panel

Call for papers

Session 1 Representative Bureaucracy I: Encouraging and Sustaining Inclusive and Diverse Societies

Discussants

Eckhard Schroeter - eckhard.schroeter@zu.de - Zeppelin University - Germany

No integration without representation? What representative bureaucracies can do and cannot do for diverse societies

Eckhard Schroeter - eckhard.schroeter@zu.de - Zeppelin University - Germany

The proposed paper sets out to discuss the empirical and practical relevance of the academic and political concept of representative bureaucracy for the sustainability of increasingly diverse democratic societies. Against the backdrop of dramatically intensified flows of migration towards Europe, the paper analyzes what representative bureaucracy can possibly contribute to cope with the immense challenge of integrating new but also existing and already established (home-grown) ethnic, cultural and/or linguistic minorities in Western societies.

Employment in the public sector appears as a significant factor in shaping the social and political relations between minority communities and the majority group in society. Making the public sector workforce (more) representative of the social make-up of the communities they are supposed to serve can be seen as a meaningful contribution to raise public legitimacy of administrative authorities and improve the quality of administrative output. However, the passive and active representation of minority groups in public bureaucracies may also have detrimental ramifications and even counter-productive, if not self-destructive consequences. Based on empirical evidence drawn from the rich body of literature on representative bureaucracy in North America and Europe, the paper reviews and considers the pros and cons of this approach in the light of the increased influx of migrants and refugees to modern and diverse societies.

Public Sector Diversity and Inclusiveness: Concepts, Findings and Suggested Policy Actions

Meredith Edwards - meredith.edwards@canberra.edu.au - Institute for Governance and Policy Analysis - Australia

This paper examines issues of diversity and inclusiveness with a particular focus on barriers to employment and career progression of two minority groups: people with disability and senior women.  After examining relevant concepts and literature findings, the paper provides findings from two recent 'cultural audits ' from the Australian Public Service: one examining perceptions of senior men and women about the barriers senior women face; the other examining the perceptions of people with as well as without disability of the barriers faced by people with disability. It also provides plausible and practical measures that public administrators can undertake if the benefits of a more diverse and inclusive workforce are to be gained. 

DOES COLLABORATION MAKE FAIRER POLICY FOR MARGINAL GROUPS? LESSONS FROM AOTEAROA/NEW ZEALAND

Rachel Simon-Kumar - r.simon-kumar@auckland.ac.nz - The University of Auckland - New Zealand

Collaborations between state/policymakers and community are viewed broadly as a norm in contemporary policymaking. Aimed at improving efficiency, effectiveness and relevance of targeted policy, in reality they entail ‘spaces’ and ‘moments’ that are charged with relational, discursive and structural shifts. In other words, collaborations are purported to influence policy outcomes as well as democratic transitions of political communication and values. For those communities traditionally categorised as marginal – women, disabled, ethnic minorities, indigenous communities, youth, unemployed – collaborations promise radical change at many levels; at the least, it can engender a policy machinery receptive to marginal voices, and at best, it can revision conceptualisations of democratic legitimacy of marginality. But, is this demonstrated in reality?

 

In this paper, I present paper the consolidated findings of a four-year research project that investigated the implications of engagement between the New Zealand government and a range of marginalized groups – Māori, women, migrant and refugee groups. Commenced intensely as part of a Third-Way agenda of a left-leaning Labour government in the early 2000s, collaborations with marginalized groups continue in the current period of austerity in the centre-right National government.

 

Drawing on the results of interviews and case studies of collaborations in domains such as resource management, sexual and family violence, and refugee settlement, this paper develops two aspects: first, the paper presents a nuanced categorization of ‘collaboration’ that delineates the nature, objective and architecture of engagement. Secondly, it explores the idea of ‘fairer’ policy. Adapting Nancy Fraser’s triple axes of justice, namely, redistribution-recognition-representation, the paper elucidates the possibilities of fairness as: (a) harmonious diffusion of values, (b) improved redistribution, (c)  constructive contention. The discussion in the paper will develop the observed links between the nature of collaboration and fairness.

 

 

 

 

 

 

 

Inclusive Bureaucracy and the Lebanese Pluralism: Policy Implications of the Weak Rule of Law

Ari Tatian - ari.tatian@lp.gov.lb - Lebanese Parliament - Lebanon

Inclusive Bureaucracy and the Lebanese Pluralism:

Policy Implications of the Weak Rule of Law

– Abstract –

3rd International Conference on Public Policy (28-30/6/2017)

National University of Singapore

by Ari Baghdassar Tatian

Head of Division, Research & Studies, Lebanese Parliament, ari.tatian@lp.gov.lb

Doctoral Candidate, Political Science, Vrije Universiteit Brussel, atatian@vub.be

 

Scholarly discourse showcases the importance of representative bureaucracies for public service delivery in diverse societies, but fails to realise that such enterprise is gravely compromised with weak rule of law.  Apparently, representative bureaucracies enhance pluralist societies’ active engagement in public sector organisations’ performance, furthering their transparency, equity, and community linkages, and reacting positively with opportunity creation for minor groups. Yet, their merits wither with the erosion of law making and enforcement competencies, as it is the case in Lebanon, where the power-sharing arrangements among the eighteen confessional groups created a rigid political system, based on compromise among political elites, with no adequate integrity structures and political will to sustain development and deter corruption.  Rendering coherent public policy compatible with the interests of local competing groups – amidst their struggle for representation and hegemony – are key challenges for the Lebanese polity, especially when existing legal apparatus fails to harness the complex nexus between governance policy and political/representation interests of the groups, knowing well that group’s structure influences its functions, leading to the emergence of patrimonial political elites.  Based on the presented facts, and given weak rule of law, diversity management for public governance yielded patronage networks, along an environment of clientelism and nepotism, and undue political interference in governance issues.  Leaders had often aligned public sector organisations’ performance with their interests, deepening citizens’ dependency on them for service provision and employment, causing unequal access to basic public services.  As such, public sector organisations lacked competitiveness, reforms, and meritocratic recruitment, ending up in a state of systemic corruption, with low levels of accountability and punishment mechanisms.  And matters got more complicated with plans for moving from unitary to decentralised form of public governance, along heated political rhetoric on its repercussions, in terms of equity and integrity of the prospective bureaucratic representation, whether that being at provincial or municipal level, which led to policy and scholarly debate on merits/inconsistencies of unitarism/decentralism and their comparative adaptability to Lebanese settings.[1]  Evidently, weak rule of law hindered adequate functioning of representative bureaucracies of local diverse groups, as sectarianism has both enabled and constrained representative patterns in public bureaucracy. Thus, and besides being represented, diversity must be leveraged to meet the developmental needs of the state, as maintenance of inclusive/representative bureaucracies must not be at the expense of equity and quality of public service delivery.

 

Beirut, 14/1/2017



[1] Treated extensively in the paper

Decentralisation and ethnic conflict regulation: A case study of the 18th amendment in Pakistan

Rafiullah Kakar - rafiullah_780@yahoo.com - University of Oxford - United Kingdom

Federalism has become one of the most commonly advocated tools for conflict regulation in ethnically divided societies. A multi-ethnic state confronted with the self-assertion of different ethnic groups since its inception, Pakistan has experimented with different institutional designs to manage its ethnic diversity. The latest major transformation in the constitutional design of the country was the unanimous passage of the 18th Constitutional Amendment in April 2010. Widely regarded as one of the landmark achievements in the constitutional and political history of Pakistan, the amendment, inter alia, redefined the troubled federal-provincial relations by devolving powers to the provinces; thus accepting a long-standing demand of smaller provinces and ethnic groups. This decentralization, framers and supporters of the amendment hoped, would allay concerns of ethno-regional minorities and bolster inter-ethnic harmony and federal unity. In particular, it was expected to have a pacifying impact on the ethnic conflict in Balochistan—Pakistan’s most intractable separatist challenge.
Six years after the amendment was passed, a low-intensity conflict lingers on in Balochistan. The persistence of the ethnic conflict has prompted scholars and policy-makers to raise questions about the efficacy of political decentralization as means of ethnic conflict regulation and management. This paper examines the effects of the 18th Constitutional Amendment on the ethnic conflict in Balochistan.
The impact of decentralization or decentralized federalism on ethnic conflict has been intensely debated by political scientists. Some scholars argue that decentralization dampens ethnic conflict (Lijphart 1977; McGarry & O’Leary 1993; Gurr 2000; Horowitz 2000; Bermeo 2002); others contend that it exacerbates ethnic conflicts (Nordlinger 1972; Roeder 1991; Snyder 2000; Lake & Rothchild 2005). This paper tests the hypothesis of Dawn Brancati (2006), who contends that the impact of decentralization on ethnic conflict is determined by the presence of ethno-regional parties. If ethno-regional parties are reasonably strong, then decentralization is likely to increase ethnic conflict, argues Brancati.


The central question of this paper is as follows:
How has the devolution of powers to the provinces affected (contained or exacerbated) the ethnic conflict in Balochistan?


Methodology
This work follows a qualitative methodology and chooses a case study research design which allows for an intensive examination of a complex and bewildering set of factors. The study adopts a critical realist approach with a realist ontology and interpretivist epistemology.
This work relies upon both primary and secondary data sources. Primary data has been collected through face-to-face, semi-structured elite and expert interviews. A combination of purposive, snowball and convenience sampling techniques were used for selecting the interviewees. For secondary data, this study has relied extensively on newspapers, journal articles, books, official reports and organizational reports.
Rafiullah Kakar


Significance of Study
From a policy perspective, Balochistan is one of the most under-studied regions of Pakistan. There is an acute dearth of indigenous scholarship in particular. With few exceptions, most of the existing work on Balochistan is either journalistic or has been undertaken by academics who have rarely visited the restive province and have, therefore, failed to capture the complexity of the province’s situation in their studies.
From a theoretical standpoint, the ethnic problem in Balochistan is a ‘critical case’ that will significantly improve our understanding of the role of federal design in regulating and managing ethnic conflict. By helping us identify the circumstances in which Brancati’s hypothesis may and may not hold, this study can generate useful recommendations for policy-makers.
Bibliography


 Bermeo, N.G., 2002. The Import of Institutions. Journal of Democracy, 13(2), pp.96–110.
 Brancati, D., 2006. Decentralization: Fueling the Fire or Dampening the Flames of Ethnic Conflict and Secessionism? International Organization, 60(03), pp.651–685.
 Horowitz, D.L., 2000. Ethnic Groups in Conflicts, London: University of California Press.
 Lake, D.A. & Rothchild, D., 2005. Territorial Decentralization and Civil War Settlements. In P. G. Roeder & D. Rothchild, eds. Sustainable Peace: Power and Democracy after Civil Wars. London: Cornell University Press, pp. 109–132.
 Lijphart, A., 1977. Democracy in plural societies: a comparative exploration, London: Yale University Press.
 2004. Federation as a method of ethnic conflict regulation. , pp.1–30. Available at: http://www.forumfed.org/libdocs/Misc/0401-int-McGarry-OLeary.pdf.
 McGarry, J. & O’Leary, B., eds., 1993. The Politics of Ethnic Conflict Regulation, London: Routledge.
 Nordlinger, E.A., 1972. Conflict Regulation in Divided Societies Occasional., Cambridge, MA: Centre for International Affairs, Harvard University.
 Snyder, J.L., 2000. From Voting to Violence : Democratization and Nationalist Conflict, London: W. W. Norton and Company.
 Roeder, P.G., 2009. Ethnofederalism and the Mismanagement of Conflicting Nationalisms. Regional & Federal Studies, 19(2), pp.203–219.

Gaps in Democracy and Development: A Case of Development Programmes for the Marginalized sections in Kerala.

Siamlal T A - syamlalnadukani1987@gmail.com - Centre for Development Studies (CDS), Thiruvananthapuram, Kerala - India

Governments intervene in a society through variety of its policies and programme to achieve desired outcomes and well being of its people. But its success mainly depends on the inclusiveness and democracy in such government activities. Inclusiveness and democracy is ensured when the policies respond to the needs of the people and the government is transparent and accountable to them in policy formulation to policy implementation. All these ensure people’s participation in such policies. But sometimes the radical notion of democracy is reduced to the realm of mere elections of elite political leadership for legislature and executive offices, which limits people’s participation to that of producing governments. This creates distance between the people and state, which leads to the failure of many government policies and programmes. But advancements in the democratic theory, especially the global south, thought of reducing this distance between state and citizens. They gave importance to public participation and deliberation in policies along with creation of mechanisms to foster such deliberations.

 

Kerala, the southern state of India, also has witnessed various experiments in establishing democracy and even ‘democratizing democracy’. This ranges from agitations against the brutal caste system and untouchability in the early part of 20th century to the devolution of power to the local level through decentralisation process in the 1990s. All these rich history democratizing the society and democracy itself resulted in the widely acclaimed and progressive ‘Kerala Model of Development’ which portray high human development with low economic base. But in this ‘progressive’ development model, the marginalized sections like dalits (former untouchables) and adivasis (tribes) lag behind in many indicators of socio-economic development. There are development policies and programmes which aim at the development of these sections of citizens. Special Component Plan (SCP) for dalits and Tribal Sub Plan (TSP) for adivasis are two such important programmes by the government, which I propose to study through this paper. The real puzzle is that a major chunk of the resources meant for these programmes goes underutilised at a time when these two marginalized sections are agitating and protesting for land rights, fair share in development etc. How this contradiction in the public programmes for marginalized sections occurs in a state where efforts to democratise the society, governance etc was immense and strong?  In a society where deep attempts to democratise or deepen democracy through the creation of mechanisms for deliberation and participation happened, why government programmes meant for the development of marginalized sections fails to achieve desired outcomes? Why government policies are not considering their demands and needs, which they raised through agitations, struggles, protests etc, and allow the resources meant for them go unutilized? I will try to address these questions in my paper by analyzing the SCP-TSP programmes meant for dalits and adivasis.

 

I think this will fit this panel as the paper enquires about the problems of biasness and lack of inclusiveness in the public policies and programmes.

Session 2 Representative Bureaucracy II: The Politics and Policies of Gender & Transgender Rights

Outcomes of under-represented policy making: Transgender rights in India

Angela Chaudhuri - angela@swasti.org - Swasti - India

Deya Bhattacharya - deya@swasti.org - Swasti Health Resource Centre - India

Sri Bhavani Kumaran - bhavani@swasti.org - Swasti - India

Gadha Raj - gadha@swasti.org - Swasti - India

More than half  (51%) of total AIDS-related deaths in Asia occur in India. Among high-risk groups in India, transgender people have the highest prevalence of HIV at 8.82%. The National AIDS Control Organization (NACO), the agency that provides leadership in prevention of HIV in India, has identified transgender people as the most vulnerable group: yet, merely 25%  are covered by the public health system. Out of 1889 targeted HIV interventions currently running in India, only 32 of them focus on transgender people. Despite having the highest HIV incidence rate, only an estimated 52.9% of transgender women get screened for HIV. Proving that even the most ambitious and targeted program fails to reach the un-represented.


Only until recently, transgenders were considered part of the national discourse and for the first time ever were the counted in the National Census in 2011. They are considered a socially marginalized group and largely excluded from the formal economy, reportedly associated with homelessness.


The transformative 2014 Bill was based on the NALSA judgment that upheld the right of any person to identify as female, male or a third gender irrespective of medical intervention, including gender change surgery. However, this was replaced by the 2016 Bill, which while providing for the right to perceived gender identity, made it conditional on the basis of a certificate by a screening committee consisting of a psychologist and a medical doctor. This gross violation of human rights and constitutional principles that a supra-constitutional body would determine the identity of transgender people is clear that there was no participation or tokenistic at best, for the transgender people’s right to self-determination.


Despite the regressive policy environment, the legitimacy of transgenders’ rights to social protection has been on the forefront of the National AIDS Control Organisations’ mainstreaming and social protection agenda where it partnered with 22 ministries on instituting various social protection schemes. A study supported by United Nations Development Program and conducted by Swasti, A health resource center based in India and working across 22 countries, explored the uptake of social protection schemes for TG persons. The findings suggest that 249 social schemes that can be potentially accessed by those identifying as transgenders, where only 49 explicitly state that transgenders are eligible, and only 19 such schemes have ever been accessed by only 17% of TG persons. Challenges to access include first and foremost the inhuman bureaucratic process available only to transsexuals confirming their gender identity. Secondly, almost all schemes require a proof of residence. This is a form of identification not available to most transgender individuals as they are mostly ostracised from their biological families, run away from home and are highly mobile due to prevalent stigma.

Given the poor design of even targeted programs, policies and schemes,it is clear that policies were bereft of any community participation. The consequences are dire as they lead to a bureaucratic malaise on the account of transgender communities in India.

 

 

The gender of post-separation bureaucracies: A cross-national investigation

Kay Cook - kay.cook@rmit.edu.au - RMIT University - Australia

This paper describes a multi-level, cross-national research study that seeks to examine the gender of post-separation parenting bureaucracies. The aim of the project is to examine the barriers to child support that women experience, and in doing so, seeks to reduce single mother and child poverty. The project employs interpretive policy, institutional and personal-level methodologies across countries to examine the black box of institutional practices that operationalize child support policy, often in the context of fiscal constraint and neoliberal assumptions regarding individual and familial responsibility. The focus of the analysis is then on the gendered consequences – intended and unintended – produced in this process.

Child support, known also as child maintenance, is money paid by a non-resident parent (typically a father) to a resident parent (typically a mother) for the purpose of financially supporting children following parental separation. Yet across jurisdictions, child support compliance is poor.

In many countries, single parent welfare benefit recipients (who are overwhelmingly women) are compelled to seek child support as a condition of eligibility. Women are thus made responsible in bureaucratic settings for seeking and managing payments, which serve to reduce welfare state expenditure and enforce fathers’ financial responsibility for children. In addition, in most jurisdictions, women are the interface between institutions, such as the family court and welfare systems that manage the changing state-family-market configuration of financial responsibility for children post-separation, and their ex-partners, who provide payments. Yet, in some countries, given the low likelihood of receiving payments, child support orders are becoming less likely, with mothers accepting less benefits than they are entitled to in order to avoid seeking payments from ex-partners. Here, we know little about the way that institutional systems support or hinder women’s access to child support, and how the gendered nature of these settings lead women to not pursue payments.

Previous individual-level research reveals that women may avoid payments for many reasons, often linked to the enforcement of familial ties and the individualization of responsibility for managing payments. For example, establishing orders, seeking payments, or reporting non-compliance may: lock women into unwanted relationships; place them at greater risk of violence; entail onerous administrative demands; or renew custody disputes. Child support policies, institutions and practices are often insensitive to such issues, which tend to disadvantage women and their children along race and class lines. Existing scholarship provides little guidance for policy or administrative reform in this area as women’s reasons for child support avoidance are largely unacknowledged in research and institutional data collection practices are not attuned to such issues.

This paper will outline what is known about women’s experience of institutional data collection and administrative practices; and the data and policy blind-spots that render women’s experiences invisible to bureaucratic regimes. It will then set out how the in-progress multi-level project seeks to address these blindspots.

How Inclusive is Inclusive Peace? Women in Shaping Public Policy for Peace in Mindanao

ELISEO JR. HUESCA - elson_doscst@yahoo.com - Davao Oriental State College of Science and Technology; Institute of Asian Studies, UBD Brunei - Philippines

Women remain invisible in most of peace negotiating tables 15 years after the passage of United Nation Security Council 1325, popularly known as Women, Peace and Security. The efforts and results on women inclusion as mediators, for instance, continue to be slow and far from sufficient and frustrating. Simply put, peace process, especially at the national level, remains to be a male-dominated political industry. While these observations and generalizations are applicable to most, if not all, countries with intrastate conflicts, the Philippines has noticeably stood out among its peers in Asia in advancing the aspirations of Resolution 1325 in the past 5 years. In fact, the UN, international NGOs, academes, donors, and other key international stakeholders have lauded this progress responds to the primary objectives of Resolution 1325. Thus, this research intends to understand the progress of Resolution 1325 in Philippines with particular emphasis on Mindanao’s Bangsamoro problem using norm localization as an overarching framework of analysis. Generally, this study aims to explore the achievements of, challenges on, and ways forward for, women engagements on peace and security processes in Muslim Mindanao. Specifically, this research project will examine two major aspects: firstly, the current trend on the participation of women in peace and security processes in Mindanao; and secondly, the extent of participation of Muslim women in these particular political affairs, as they are oftentimes considered as minorities for being women, being Muslims, and being women in Islamic communities. This paper argues that the Philippines managed to get global attention in advancing women in peace processes, however, questions on how women represented themselves in shaping peace-related policies and how such representation affected domestic peace politics necessitates further investigation and analysis.

Representative Bureaucracies and Gendered Politics: a study of the initial impressions of the Swedish Feminist Foreign Policy

Carolina Muniz - carolinavbm@gmail.com - UNESP - Brazil

GIOVANA SCOTINI MORENO - giscotini@hotmail.com - France

With the existing gender inequity on politics worldwide, it’s important to comprehend the women's lack of representation issue and how deeply it can affect this population. In order to analyze that, this work seeks to review briefly the discussion about the impact of the absence of women in politics and also, analyze examples of how and what has been done to change it. The Swedish Feminist Foreign Policy Action Plan (2015-2018) brings up this discussion and it’s the greatest (and maybe one of a kind) initiative towards gendered politics on an international scale. Studies in the field of representative bureaucracies demonstrate that when women are represented in a bureaucracy, it’s more likely to verify gender politics being reinforced. It’s beyond having equal participation of women in public services (according to the terminology of the Representative Bureaucracy theory, this form of representation can be designated as “passive representation”) - which, by itself, could already be considered a great achievement. The consequences of this equity are also important because it benefits women in general, by the exercise of influence that these bureaucrats can have (or, “active representation”) on the agenda-setting, formulation and implementation of public policies.

Studies also demonstrate that this influence occurs in a more substantial scale when bureaucracies have women in charge - it creates an environment that enables active representation to grow. Taking into consideration that public organizations are lead by politicians, it’s possible to recognize a link between representation in politics and representation in bureaucracies. Therefore, it’s reasonable to assume that the women’s lack of participation in politics or foreign affairs generates negative impact on active representation in bureaucracies - hence, results in worse levels of gender equity. It’s possible to think otherwise too, if men are so over represented in politics and public services, how privileged they can be?

This work proposal relies on the study of Representative Bureaucracies, feminist theory and public policy theories to make the connection between bureaucracies and politics representation. Regarding the methodology, this work is developed on a theoretical field, based on articles, books and reports. It’s expected to find as a result that the Swedish Feminist Foreign Policy is innovative and a fundamental step - due to the fact that there are many examples of local politics towards gender equity, however, it’s more difficult to find them on national and international contexts – and also replicable to other levels of government and countries. In addition, this work uses the Swedish Feminist Foreign Policy as an example of policy plan to guide public policies aimed to increase gender equity. Thus, this work is justified in focusing on an urgent issue, as demonstrated by the Swedish Feminist Foreign Policy, and suits the panel for relying on Representative Bureaucracies theory.

As a path to understand the impact of gendered politics, this work seeks to analyze a variety of initiatives with the same purpose. There are several examples of this kind of endeavor with many positive results on a local framework, which can inspire bigger initiatives.

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