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Time for civil service reform
The administration is the main mechanism for implementing the state’s laws and policies.Khim Lal Devkota
A significant change in the modern administrative system of Nepal, which started after the political change in 1950, took place after the implementation of federalism in 2017. In the past, various commissions and committees were formed to improve the administrative system. But most of the recommendations were not implemented.
The Administration Reform Commission formed in 1991 under the chairmanship of the then Prime Minister Girija Prasad Koirala had recommended reducing the number of ministries from 21 to 18, decreasing the number of employees to one-third, providing local governments (LG) with more functional responsibilities and revenue resources. But most of the Prime Minister's recommendations were not followed.
In 2017, the Administration Reform Committee was formed under the chairmanship of the Minister of General Administration. This committee recommended that there should be 15 ministries at the federal level and seven in the provinces. But ignoring the committee’s recommendations, the number of ministries at the federal level was taken to 22. The provinces also increase the number of ministries.
Recently, the Federalism Implementation Parliamentary Special Committee of the National Assembly recommended that 15 ministries should be made at the federal level. The committee also recommended that the number of ministers in the provinces should be 10 percent based on the number of the provincial assembly. In the constitution, such a provision is 20 percent.
The administration is the main mechanism for implementing the state's laws, policies, rules, standards, and so on. The administration needs to be flexible so that people can get services easily. If the administrative bodies are not disciplined, people-oriented, responsible, diligent, and result-oriented, the state cannot give results as expected. There is a general opinion that Nepal's administrative system has not been streamlined even after the country moved to federalism.
Through a press release on March 28, 2019, the Ministry of Federal Affairs and General Administration announced that Employee Adjustment in all three levels of government has been completed in accordance with the constitution. After the adjustment, it was also said that at whatever level the employees are needed, the respective level of government should manage by themselves.
Article 302(2) of the Constitution stipulates that employees working in government service at the time of commencement of the Constitution shall be adjusted at the federal units in accordance with the law. According to this arrangement, the Employee Adjustment Act of 2017 was issued. The organisation structure and employees' positions required for service delivery at the federal units were approved, and the employees were adjusted.
It was estimated that about 139,000 employees were needed for the federal units. Out of them, 35 percent for the federal, 16 percent for the province, and 49 percent for the local level were estimated. The number of civil servants was about 100,000, although it was estimated that the number of posts would be 139,000. Of these employees, 41 percent, 14 percent, and 45 percent were adjusted at the federal, provincial, and local levels, respectively.
If we analyse the functional responsibility of the federal units, more than half of the workload has gone to the subnational levels. However, many organisational structures are still unnecessarily piled up at the centre. Around 49,000 employee positions have been created in the centre, and 40,000 have been retained. Although it has been estimated that about 68,000 employees are required at the local level, 24,000 fewer employees have been accommodated.
During the adjustment, the message was given that there was a shortage of 24,000 employees at the local level. The province was also suggested to manage a minimum of 9,000 employees by the province itself. But the ways to fill the shortage of employees at the subnational levels were not open. The federal civil service law was not promulgated even for five years.
Provincial Public Service Commissions existed but could not deliver the expected results. All provinces were waiting for federal civil law. Later, they were compelled to do whatever they wanted. But its effectiveness and adoption remain problematic. They could not make it consistent with federal civil law.
Regarding the local level, as per the Local Government Operation Act, the basic principles and standards regarding the formation, operation, management, service conditions, and facilities of local services shall be in accordance with federal laws. The federal government did not even bring this law for five years.
In 2019, the remote-based LG, which faced a shortage of employees, directly coordinated with the Public Service Commission and filled up about 10,000 employees. The federal government also created more problems by transferring those employees to other places.
Currently, there is such a big problem with employees at the subnational levels that they have to rely on junior-level employees. This problem is mostly in Madhesh Province, Karnali Province, and Sudurpaschim Province. There is a situation where employees have to live without getting work in Singhadurbar, while there is a problem with employees at the subnational levels.
There is a trend of employees not being interested in working and going to the remote areas of subnational levels. The tendency of elected officials to search for employees that suit them has been supported. Such a tendency has increased fiduciary risk and weakened the governance system.
There is a heavy institutional structure, including the employees at the centre. Further, the federal government is also increasing employee positions. As per government sources, about 5000 officials' posts have been added to the centre after the employees' adjustment.
The assessment of the necessary employees at the federal units was not practical and realistic. A new organisation and management survey for the federal units should not be delayed in implementing the new administrative organisation structure.
As there is no Federal Civil Service law, there is chaos in the administrative sector now. Civil Service law should be promulgated from the current ongoing parliamentary session. As soon as the Federal Civil Service law is promulgated, it is necessary for the province to take the lead in organising the Province Civil Service Laws in such a way that they are identical to the federal law. There is a problem of acceptability and trust in provincial civil service laws. Due to such problems, the administration system of the province has not been able to give the expected results.
If there is a problem with the employees at the local level, there is a provision in the Employees Adjustment Law to manage through the provincial government. But this provision of the law has not yet been followed. There is no coordination and cooperation with the province in the management of employees at the local level.
Some district-based offices have now been moved to the LG and provinces. In some districts, there are two or three offices of the same provincial ministry, which is burdensome. In some districts, there is a compulsion to go to another district to get services. Rather than keeping many offices in one district and none in any, it is better to keep provincial offices in the district integrated.
The biggest problem with us is that politicians do not improve when they are in power. When they are out of it, they talk a lot. If those who are in power work wholeheartedly, not only the administration system but every sector of the state can be improved. Otherwise, no matter how much we shout, nothing will happen.
Prime Minister Pushpa Kamal Dahal has a lot to improve the administration system. But the proper steps haven't been figured out yet. It will take some time to wait for the results after determining the correct direction of the steps. The truth is, if the irregularities seen in the administration mechanism cannot be eradicated, the change sought by the citizens is impossible.