Proceedings

Presentation of Country Reports

Country: Peru

 

Increasing Government /Public Sector Efficiency Through

Private-Public Partnership

by

Ms Silvia Lilian Seperack Gamboa

Foreign Trade Manager

Lima Chamber of Commerce, Peru

 

Index

1. Role and operation of the public sector in Peru

2. Role of the private sector in Peru

3. Private-public partnership in Peru until 2001

4. Up-dating the public sector to improve its efficiency

5. Conclusions

Preface

Today there is an opportunity in Peru to look into the future and elaborate an action plan to address and fight the primary obstacles impeding development such as: poverty, dysfunctional government and lack of investment. However, a vision is not enough; there must be a commitment to introduce, on a national level, an understanding of how an efficient government should act to promote development and environmental improvement in the domestic economy through the development of the private sector.

What must be done? We should focus on results, pin-pointing priorities and ensuring that the fundamentals for implementing the necessary measures are in place. We must enlist and deploy in order to be able to solve problems jointly through the effort of government and all sectors of society.  In this context, the Peruvian government has launched an economic, political and social project, with the aim of modernizing the state in the foreseeable future. 

Peru has undergone many changes in its political structure in the past 40 years, practically once every five years. As a result, while Chile, Mexico and Colombia have increased their per capita incomes by an average of five times, we have only increased ours by only 10%.  As well, we distanced ourselves from the rest of the world and reduced our foreign trade at a time when in the rest of the world foreign trade was increasing. It is in this context that Peru now promotes a state policy that will be in held in force for the next 20 years, through a national agreement signed by all political parties and members of civil society.  Valid up to 2021, the policy covers fundamentals such as economic, social and institutional matters.

The economic policy seeks to improve the lack of competitiveness that plagues Peruvians. A concerted effort is underway to create a competitive national plan by which every semester the private sector and public sector will evaluate the progress achieved in each indicator of competitiveness. Peru is ranked 57th in terms of competitiveness, compared to Costa Rica in 27th and Chile in 25 th.

Reform of the State is a major concern of citizens and political leaders in developing countries such as ours; countries in which democracy is constantly threatened by endemic evils such as poverty, corruption, violence, rupture of the democratic order and lack of solidarity.  A main preoccupation is how to use the State’s limited resources to guarantee the bill of rights, protect human integrity, protect citizens from injustice, provide incentives to produce in a competitive manner, establish fair rules according to the will of the people. The goal is to have a modern state, one that is efficient, effective and supported by the citizens, one that allows equal opportunities for all, one that respects and induces others to respect the law.  Above all, the goal is to have a state that it is at the service of the people.

1. Role and operation of the public sector in Peru

Public administration in Peru consists of 16 ministries, 63 decentralized public institutions (Investment Promotion Commission PROINVERSION, National Consumer Defense Institute INDECOPI, Export Promotion Commission PROMPEX, etc), 25 regional management entities with jurisdiction over the country’s departments, 11 regulating institutions (for telecommunications, energy, transport, etc.), 120 public institutions and a series of special programs.

The State has low a level of account rendering, a situation aggravated due to an evident lack of democratic foundation. This is apparent in the poorly run fiscal mechanism operating between the different state institutions, the inability to promote equal opportunity among Peruvians, and the inability to guarantee access to government services.

Public administration suffered a declined in its institutional capacity due to a discontinuation of a reform process that had been started last decade, and a lack of political will of the acting government at that time to develop a modern, decentralized process.

The breakdown of the state institutional device, in which there are several regimes of organization and operation, created serious coordination obstacles. A problem related to this is the overlapping of functions. For example, at least four different national institutions have housing programs and establish policies in that sector. This situation is further complicated due to the plurality of regimes, personnel and the lack of horizontal information systems and control mechanisms.

The public central administration has an estimated 700,000 employees.  Currently, it is not possible to determine their exact number, their distribution nor their salaries, due to the lack of a system or institution in place to compile this information.

Public employees work under three different contract regimes, which have absolutely no relation to their function.  This naturally poses serious problems for human resources. There are also indications of salary discrimination between men and women.

Furthermore, there is evidence of a lack of transparency and slowness of the State to attend to its citizens and facilitate the internal communication of the national administration. Introducing communication and information technology could reduce the handling costs incurred by the government, and at the same time increase State transparency.

Summarizing, a series of deficiencies have been detected, such as:

  • Lack of a coherent State strategy to develop information technology to be used by the general public as well as state institutions.

  • Insufficient coordination mechanisms between state institutions responsible for the area. 

  • Lack of specific standards to regulate the use of infrastructure, systems and information content.

    • Low availability of public services.

    • Government systems isolated and not integrated.

    • Lack of sensibility and professional training of the top-level executives.

As for the central government’s acquisition and purchasing system, there are transparency problems in the allocation of contracts, and the decision-making process is slow. The procedure and handling is done entirely on paper by each public institution on their own, without a centralized evaluation process.

2.  Role of the private sector in Peru

Two administrative organization models exist in Peru; the bureaucratic and the entrepreneurial.  According to the law, the bureaucratic model is used to manage state institutions, government entities and the public sector, while the entrepreneurial model refers to the administration of private enterprises. The fundamental difference between these two models lies in their objectives.

The bureaucratic model applies to enterprises that do not generate profits, and provide services to citizens based on a precise regulation framework according to a defined budget. Results are not measured in terms of profits, as the income generated is generally marginal. For example, the income generated by taxes and tariffs is not “produced” by the administrative device.

In the case of the entrepreneurial model, the end-goal is to generate earnings, while aiming to give customers optimal service. The operation is subject to market law, and the customer is king. He chooses which goods or services he will purchase, and decides the price he is willing to pay. Consumers’ attitudes determine whether a business will be profitable or not.

Each model has distinct fundamental characteristics.  The bureaucratic model system is quite rigid, and certain organizations require this type of administration, including the ministries, the police, and regional and local governments, among others.  In Peru priority has been given to the entrepreneurial model.  Out of 650 state institutions that existed in 1990, there are now only 120 public enterprises left, a consequence of an increase in privatization and concessions.

Private enterprise is one of the most important agents of development and change. Business people take pride in what they do – meeting the needs of customers in terms of goods and services, providing employment and training, developing new technologies and so on.

Peru’s formal entrepreneurs in industries and services are associated with different trade unions.  The most important are: the National Confederation of Private Enterprises (CONFIEP), the National Society of Industry (SIN), the National Exporters Association (ADEX), the Foreign Trade Society (COMEX), the National Chamber of Commerce of Lima (CCL), the Mining and Petroleum Society, among others.  Additionally there exists an entrepreneurial movement to act in defense of its associates and their economic activity.

Formal workers are also associated with and represented by several institutions.  Starting this decade they play a more active role within the power structure of society. Nevertheless, the amount of informal work is considerable and accounts for 60% of all workers.

3.  Private-Public partnership in Peru until 2001

In an increasingly global and integrated society, stakeholders have new roles and responsibilities.  In particular, the business community plays a crucial and evolving role in terms of introducing new technologies and aiding economic development.  They also mold community and societal roles and relations, vis-à-vis interactions with investors, employees and customers.  However, companies cannot substitute for governments in the building of policy consensus, legal frameworks, and the basic infrastructure needed to establish fully functioning market economies.

Governments should reject demands by publicly unaccountable and frequently unrepresentative groups seeking to impose codes on businesses and claiming the right to pass judgment on companies’ compliance with them.

In Peru there are several examples of successful cooperation between the public sector and the private, which have resulted in opportunities for institutional development. One example is PROMPEX, whereby through a mixed board of directors consisting of public and private representatives, the organization has achieved a solid reputation as a facilitator and promoter of private enterprise and the development of export activity.

Other important cases representative of the private sector acting jointly with government institutions are:

a)    The ALCA PERU Commission, representing the position of entrepreneurs and academics during the negotiations of an integration agreement between 34 Latin-, Central- and North American countries.

b)     The ABAC, a private-sector entrepreneur group that works in the negotiating process of the entrepreneurial sector in the framework of the commercial integration of APEC.

c)     The associations and work commissions in accordance with development of productive links and competitiveness.

4.   Up-dating the Public sector to improve its efficiency

Taking into consideration the mentioned problematic of the Peru’s public sector, as of 2001, a consensus has been taken between the various political and economic sectors, and civil society on the need to modernize the national government and to develop an adequate pattern of a decentralized State.

The basic core of this national agreement is the agreement among diverse parties on the importance of strengthening the democratic character of Peru’s public institutions and improving the State’s capacity to render quality services.

The government currently in power has allocated top priority to this policy and has assigned the responsibility of coordinating the related actions to the Prime Minister himself.

The Program to Modernize, Decentralize and Democratize the State (PMDD), a document released by the Presidency and Council of Ministers (PCM) highlights the following objective:

·         A more efficient State, a more decentralized State, a more democratic State.

Within the legal framework of decentralization regional governments have been created foreseeing the gradual transfer of functions and competence to this new administrative level, including the responsibility of planning the public budget. The goal is to promote a gradual process that clearly defines the competence of each government level, identifies the corresponding sources of financing and ensures that the local institutions have the capacity and instruments to comply with the assigned functions.

With reference to the State decentralization, the specific objectives are:

a)       Determine the competencies and functions of each government level and their respective sources of financing, to guarantee and support a sustained fiscal behavior on a long-term basis and design the mechanism and conditions of the transfer responsibilities.

b)       Design the main mechanism and inter-government coordination and follow up of decentralization, adequate information systems, through the support of the National Council for Decentralization (CND).

c)       Support the development of cross-section systems to put the regional governments into action; following their elections in November 2002.

d)       Cooperate with a selected group of Town Halls to strengthen their capacity of action.

Within the modernizing framework of the State, Congress ratified the State Modernizing Framework Law in January of this year. This is intended to concretize the actual agencies’ structures and state programs. It also concerns the reform of human resources and continues making headway to modernize budgeting systems and purchases, through initiatives such as the development of an electronic government system.

In the modernizing area the main objectives are:

a)       Strengthen the capacity to formulate and implement national and sector policy.

b)       Improve human resources’ actions.

c)       Support the introduction of electronic services in the government.

d)       Develop and introduce a new policy for public purchases, including the design of an informatics system.

The essential components of this plan of action are:

Organizing the Executive Power

a)       Rationalize the administrative device of the State, reducing the number of entities and eliminating redundant functions.

b)       Clarify and simplify the organizational structures of the decentralized public Ministries and institutions.

c)       Guarantee the necessary autonomy of the regulating entities.

d)       Reorganize the branch offices of the central administration to join the development process of regional governments.

Human Resources

The improvement program of Human Resources in the State seeks:

a)       The adjustment of existing works contracts.

b)       The use of merit principles for hiring and promotion, stability and responsibility in the presence of the public and equal opportunities for public employment without discriminations due to sex, ethnic origin or any other reason, but without lowering the necessary qualifications required.

c)       A public employment organization system dependent of a central office with the necessary instruments to guarantee the application of common standards for public service.

d)       The adequate flexibility degree that each sector and level requires selecting distributes pays and promotes the employees at their service.

e)       A compensation structure that at the same time has fiscal support, makes public employment attractive, and acts as an incentive program as it is linked to good work results. 

Electronic Government

This is the first step. Peru as a whole must advance in this area.  Have we really been taking advantage of the huge potential that globalization and the Internet represent to facilitate our development? Do we share a vision as to where we want to go in relation to the Information Society?

Peru, according to the latest United Nations report concerning Electronic Government, is located in 61st out of 190 analyzed countries. This ranking reflects Peru’s past efforts regarding Electronic Government. Nevertheless, there still remains much to be done.

Electronic Government seeks to use information technology, organized in a coherent, integrated national strategy, through the agreement of civil society and academics, to truly modernize the country and project it in a competitive manner towards the world. Electronic Government includes the Internet, telephone, information technology and mail, but above all it’s a strategy, a shared vision.

The first thing we did was to identify where we must go. To outline a design the Peru Compete commission was created.  Digital Agenda, a mixed work group operating in eight commissions has contributed with the necessary material that will allow us to present “The National Strategy for Electronic Government” next month. 

Peru Compete; Digital Agenda has worked on the following topics, which we will briefly mention:

  • Education and Training

  • Closer Interaction with Citizens

  • Converging

  • Standards

  • Commercial Integration

  • Electronic Trade and Payment means

  • International Positioning

  • Regulatory and Normative Framework

The latest statistics indicate that Peru has approximately 3.5 million Internet users.  Nearly 75% of those 3.5 million Peruvians have access to public Internet cabins. Even more valuable for the State is that there is a solid growth in the lower socio-economic levels C, D & E. Another important statistic is that 50% of the Internet users in Peru are located in the provinces outside of Lima.

PCM maintains coherence between the decentralization and modernization process with the purpose of moving ahead with the state reform that will allow it to comply with the goal of reducing poverty and increasing the quality of the goods and services that are their responsibility to provide.

5.   Conclusions

Regardless of the increased participation level of the private sector in the economy, governments should:

  • Implement reform of the state, as well as the decentralization and modernization processes. 

  • Develop institutions that promote and implement transparency, accountability, and access to public information.

  • Develop and implement national environmental rules based on sound science and an understanding of risk assessment and economic impacts.

  • Encourage voluntary agreements, initiatives and public-private sector partnerships.

  • Encourage technological cooperation among private companies with regards to production, R&D and marketing of technologies and products with reduced environmental impact.

  • Continue positive trends to liberalize international trade and investment without compromising environmental or social conditions.

  • Encourage voluntary information sharing; with due regard for confidential business information, the protection of intellectual property rights and security considerations.

  • Facilitate technological cooperation with regard to current and new technologies and sharing of good practices.

  • Encourage the use of information and communication technology, at both the national and international level, as a tool for development.

  • Assert the importance of sound science and risk assessment and good management in the prioritization, use and conservation of resources.

  • Support R&D for fundamental research.

  • Work with businesses to foster voluntary partnerships and initiatives to reduce the environmental impacts of products and their processing.

  • Promote the rule of the law, good governance, and intellectual and private property rights.

  • Strengthen institutions.

As for business, they should continue to:

  • Share good practices, and ensure a high level of environmental protection through joint ventures, as well as through relationships with suppliers and contractors.

  • Work with governments in voluntary partnerships and initiatives to inform consumers and communities, while advancing consumer education and freedom of choice.

  • Maintain their commitment to and acceptance of sustainable development.

  • Operate using good corporate practices, which are spread more effectively by example, persuasion and peer pressure, rather than by prescriptive government codes and regulations. Voluntary business principles also have the invaluable advantage of bridging cultural diversities within multinational enterprises and offering the flexibility to tailor solutions to particular conditions.

  • Encourage public participation and consultation with their communities, consumers, and other stakeholders.

  • Support governments in regulatory reform, improvement and institution building.

  • Pursue continuous improvement in environmental and social practices.

  • Engage in public- private technology and capacity building partnerships.

Sources:

Speech presented by the President of the Council of Ministers, Roberto Dañino Zapata, on the National Plan for Competitiveness. Lima, Peru 12-04-2002

Speech presented by the President of the Council of Ministers, Luis Solari de la Fuente, to the National Congress of Peru.  Lima, Peru 09-08-2002