Ensuring Accountability in
Privatized and Decentralized
Delivery of Public Services:
The Role of the Asian
Ombudsman
By
Dr. George V. Carmona
Ateneo De Manila University School of Law
NPM as a Development Approach
 To modernize government and reengineer
the public sector.
 Reduction of public sector’s responsibility in
service delivery in favor of the private
sector.
 Decentralization of powers and
responsibilities from the central to the local
governments.
NPM as a Development Approach
 Results have not always been positive.
 decentralization failed to deliver all promised
benefits and to fix problems it promised to
resolve.
 privatization of delivery of public services did
not result to improved service delivery.
 Lesser accountability on the part of service
provider.
Reforms in Public Service Delivery
 Decentralization
 Private Sector Participation
 Public-Private Partnerships
 service contracts, management contracts,
affermage or lease contracts, build-operatetransfer (BOT) and similar arrangements,
concessions, and joint ventures.
 Privatization
Implications of NPM Approach to
the Role of Ombudsman
 how to ensure that private sector providers
of public services remain accountable
 how to bring the private sector provider of
public services within the ombudsman’s
mandate, directly or indirectly.
Implications of NPM Approach to
the Role of Ombudsman
 Diminution of the role of ombudsman
“Probably the greatest change that will impinge on
the activities of the Ombudsman in the future flows
from the contraction of performance of government
functions by central agencies in favor of contracting
out of functions to the private sector. The right of
the citizen to complain about adverse decisions or
inappropriate action is lost unless the private
organization is brought within the aegis of the
Ombudsman.”
Implications of NPM Approach to
the Role of Ombudsman
 While decentralization of public service delivery
did not result to diminution of ombudsman’s
mandate, it has great implications on ombudsman’s
accessibility, capacity and effectiveness to ensure
accountability in service provision in a
decentralized environment.
 Since most Asian Ombudsman offices were
established prior to emergence of the NPM
approach to service delivery, most do not have
jurisdiction over private sector provider of public
services.
Responses of Asian Ombudsman :
Decentralization
 Use of IT system : Online Citizen Participation
Plaza (e-People) of South Korea’s ACCRC
 PCB of Malaysia, WM of Pakistan
 Use of Administrative Counselors : Administrative
Counseling System of Japan’s AEB
 Provincial Ombudsmen : Pakistan, India, Philippines
Responses of Asian Ombudsman :
PPP and Privatization
 Among AOA members, only Malaysia’s PCB
has explicit jurisdiction over the private
sector.
 to some extent Japan’s AEB and the Pakistan
and Philippines Ombudsman
Responses of Asian Ombudsman :
PPP and Privatization
 HK Ombudsman maintains jurisdiction over
government agency that outsourced public
service.
 Thailand Ombudsman investigates any
complaint against an individual or firm
engaged in the delivery of a public service
by focusing on the public authorities that
outsourced the service.
Responses of Asian Ombudsman :
PPP and Privatization
 Philippine Ombudsman has jurisdiction over
outsourced services, or those delivered via PPPs,
when there is established proof or evidence that
collusion or conspiracy between public official(s)
and the private partner has occurred.
 Privatized public utilities and companies remain
answerable to Pakistan’s Federal Ombudsman
regarding public complaints and consumer issues.
 WM is helping public utility companies improve their
redress and grievance systems.
Conclusion and Way Forward
 Decentralization, privatization, and
PPPs have provided a new context for
ombudsmanship.
 To improve accessibility as a result of
devolution/decentralization of public
services, IT systems can help.
Conclusion and Way Forward
 Government decisions to delegate the
delivery of public services to the
private sector should not necessarily
exclude the ombudsman
 In the case of PPP and privatization of
public service delivery, Asian
ombudsmen have proved to be
adoptive and pro active.
Conclusion and Way Forward
 Transfer of service delivery provision
to private sector could pave the way
for new roles for ombudsman
 Contract review
 Ensuring effective grievance redress
 Ensuring observance of standards by making
responsible agency accountable.
 Systemic investigations of recurring problems
in public utility operations