Esta revista forma parte del acervo de la Biblioteca Jurídica Virtual del Instituto de Investigaciones Jurídicas de la UNAM www.juridicas.unam.mx http://biblio.juridicas.unam.mx Matute González Governance: the governing process 267 Revista de Administración Pública Luis F. Aguilar Villanueva. Governance: the governing process. México, Fundación Friedrich Naumann para la libertad, 2010. 67 páginas. ISBN 978-607-95144-2-6 Carlos F. Matute González What is government? That is the question Aguilar Villanueva asks himself in different ways throughout his book, to answer this he resorts firstly to explaining the government crisis contemporary societies are going through and subsequently to the concepts of governability and governance which are ways the government becomes evident in the state based on the rule of law. In this sense, the most important point the book explains is why the abilities to direct democratic States has decreased significantly in the last decades; this has happened for various reasons and not all of them are the ruler’s responsibility. The conditions have changed, with more democratic legitimacy; leaders are not capable of directing social will towards specific ends valuable to the community. To overcome the authoritarian past it is not enough to create governments endowed with capacity and leadership, analytic, technical and political competence. After taking on power, the latter had enough legitimacy and power to act; however, they were subject to constant pressure from a society that demanded results. The government separates itself from the people or the groups that supported to become a series of monitorable processes exposed to public criticism. Legitimization must be found in managerial capacity, it has been proven that democratic governments do not necessarily have this quality and even social governments were exposed to a permanent crisis because of the existing deficit between what was required by society and what governments could actually provide. DR © 2011. instituto Nacional de Administración Pública Esta revista forma parte del acervo de la Biblioteca Jurídica Virtual del Instituto de Investigaciones Jurídicas de la UNAM www.juridicas.unam.mx http://biblio.juridicas.unam.mx 268 Revista de Administración Pública XLVI 1 This circumstance prompted the terms government and gobernability to be linked to one another, what were the odds the democratically elected authorities with a lot of promises towards the electorate had to impose a determined order to guide society to pre-established goals. This problem was considered a structural damage of the public income-social spending relationship. Governance emphasizes the capacity to govern independently from the abstract relationships between the State and the market. This is a significant change, by contrasting centralist and hierarchical ways with decentralized and inter-organizational ones, the government becomes another actor in the constellation of participants that determine the course of society. A permanent confrontation of ideas, values and strategies as a viable process to reach agreements, is very different from the social state’s rigid style. The need to control executive structures is substituted by a more discreet position to coordinate private and public bodies that participate actively in the political arena. The author proposes a chronological sequence to conceive government, in the beginning it saw itself as the center of social activity, capable of interpreting rationality and authentic public interest and therefore, authoritarian. Subsequently, it becomes a democratic and inclusive body, concrete expressions of public interest are very numerous, thus, it is impossible for it to finance and give them attention; this highlights the risk of ungovernability and leads to the modification of the ways of expression social leaders had. The important thing is what was theoretically described in the 70’s of the last century happened; ungovernability affected societies which suddenly discovered that government actions did not mean valuable social results, a lot of activities did not translate into social well-being and only benefited government organizations or their clientelar allies. The first theoretical reaction against public administrations that consumed budgets in an inefficient and unbalanced way and whose spending was not directly linked to the generation of well-being was the New Public Management proposal based on decentralization, thinning of the State and privatization; it also emphasized the legality-efficiency paradox and the hierarchy-process management one. DR © 2011. instituto Nacional de Administración Pública Esta revista forma parte del acervo de la Biblioteca Jurídica Virtual del Instituto de Investigaciones Jurídicas de la UNAM www.juridicas.unam.mx http://biblio.juridicas.unam.mx Matute González Governance: the governing process 269 Aguilar Villanueva presents these loss of managerial capacity processes that democratic governments have suffered at various levels, from the economical one linked to globalization, to the political one to pluralism, the administrative one with growth of public space and the sociological one to functional separation of society. Governability finds its worst enemies in the circumstances that promoted the overcoming of authoritarian governments: market liberalization related to globalization and democratization that created new types of demands. “The two related impacts have helped generalize the image of a limited government and have made us understand that managerial deficiencies of democratic governments are due to impotence and not just to incompetence” (p.24). The book does not only make a diagnosis, it proposes some solutions on the topic of governability and Governance which the author thinks of not only as complementary; Governance could not exist theoretically without the first. In other words, governability is not enough to give the government is managerial capacity back; it can even be a step back in democratic terms and a new style of government is needed: Governance. Aguilar Villanueva concludes the aforementioned after considering the differences between both theoretical responses: governability is the way the government is seen by society in relation to its capacity or incapacity to lead, thus, it is strictly government related and is closely linked to results-oriented legitimacy. On the other hand, Governance is the way coordination can be achieved among the different agents that participate in the public space; it means a new managerial process that needs a government that is “expert and competent, incoherence and deficiency free organizationally and operationally, financially robust, legally impeccable and administratively efficient” (p. 51) to achieve good coordination. The governability approach recognizes the natural chaos societies experience and their need to have an actor who is responsible of social achievements without having to have the centrality of authoritarian regimes; because a good government is capable of directing society. This vision still prevails in States whose economic and political actors are related to exploitation and social inequality; thus, it gives an excessive importance to government action which acts as a stability factor that promotes development. DR © 2011. instituto Nacional de Administración Pública Esta revista forma parte del acervo de la Biblioteca Jurídica Virtual del Instituto de Investigaciones Jurídicas de la UNAM www.juridicas.unam.mx http://biblio.juridicas.unam.mx 270 Revista de Administración Pública XLVI 1 In this sense, the one who constantly support “State Reforms” are pro-government in the same way they think that by allocating resources to the State will make it strong enough to direct economic and social activity. Aguilar Villanueva does not think this is the right path and provides two main criticisms directed towards the ones who seek to improve governability in democratic societies to make it the relegitimizing strategy of social power: the world has changed and the conditions make the government just another actor and the efficiency of government actions depend on the activities of other actors. Instead, Governance sees governability as a condition to make managerial capacity more efficient and it is also a post-government process. “It is a step towards a system of government that requires, activates and joins resources from the public sector, markets and social networks” (p. 30). After Aguilar Villanueva lets us know he is in favor of the Governance approach, he states its concept, essential characteristics and structure with Aristotelic order and precision. He synthesizes the knowledge of this topic, and warns the reader about normative definitions that think of it as the panacea, ideological ones that list it as neoliberal and theoretical definitions that think of it as an effect, and not a form of government. The essential contents of the concept are: • • • • It is a direction of society process; It is an activity of orientation towards specific purposes; It is a process structures institutionally and technically; It includes two levels of decision: goals and activities to execute through participation and government agreement and extra-governmental actors; • It needs a government action or authority instance to solve or make problem-solving easier; • It needs groups and sectors to dialogue at inclusive, symmetric and rational levels; and • It is the result of government and social participation in situations of constant change (weight and influence of the ones involved). The new Governance seeks to relinquish the idea that the government is the one who decides, and is inclined to determine for society the transcendent in a deliberate, co-responsible, interacting and interdependent way. It is the governing process that recognized that DR © 2011. instituto Nacional de Administración Pública Esta revista forma parte del acervo de la Biblioteca Jurídica Virtual del Instituto de Investigaciones Jurídicas de la UNAM www.juridicas.unam.mx http://biblio.juridicas.unam.mx Matute González Governance: the governing process 271 no subject has absolute control over resources, or over the content of public interest and, “to summarize, it is a concept of decentralized management of society” (p. 44). The structural components can be institutional or technical. The institutional are: • • • • • The institutions of public powers; The security and justice system; The market; Civil society; and The system of international political institutions. The technical are: • • • • Science and technology system; Public policies; Public finances; and Public administration. These components define the capacities, achievements and limits to govern. The theoretical exposure that includes concept, importance and diagnosis, is instructive and exhaustive. But Aguilar Villanueva goes further and asks himself the possibility and probability the Governance style has in Latin-American societies; which are characterized by the distortion of public interest and citizen participation, concentration of economic and political power, avoidance of accountability and confusion of responsibilities. To back up this idea, he quotes some authors and lists factors that hinder the creation of a new government-society relation; the most important ones are poverty and inequality. The main difficulty Governance faces is that society is still an object and not a subject (associated) with development; this creates a hierarchical Governance, unlike the participative in which the government makes up for the huge deficiencies of social actors; who need the State’s resources to fulfill their functions. Nonetheless, the author does not think these obstacles are unsalvageable, they are more likely the main reason to promote Governance: “the real difficulty to govern with Governance does not cancel, but opens the need to do it to solve chronic and critical issues and encourage society towards situations of greater quality of life” (p. 59). DR © 2011. instituto Nacional de Administración Pública Esta revista forma parte del acervo de la Biblioteca Jurídica Virtual del Instituto de Investigaciones Jurídicas de la UNAM www.juridicas.unam.mx http://biblio.juridicas.unam.mx 272 Revista de Administración Pública XLVI 1 He also acknowledges the criticism regarding the de-naturalizing of the public because of the intervention of extra-governmental actors in social decision processes, overcoming it by resorting to the formal record that the State gives the acts it issues. In my opinion, this is valid although insufficient; many times non-state public actors –such as political parties– act without any punishment from government agencies. There are other factors that give publicity to Governance, such as being tied to an administrative regime. Topics concerning citizen participation and social responsibility –such as transparency and accountability– are relevant to Governance. The first one promotes a higher social intervention because it promotes better policies to solve problems and meet needs. However, this is not necessarily true; sometimes there is no correspondence between higher citizen participation and the validity and social effectiveness of the actions of the government. The second one has even more complex relationships; the intervention of private actors can create a diffuse accountability system that promotes the concealment of information. In both topics a theory that maintains, promotes and ensures its existence in Governance has not been developed. Finally, Aguilar Villanueva reminds us that there is an agreement between government and other extra-government actors that is an important element in Governance; since processes require the participation of various actors that have their own resources, opposite interests, levels of interest, different approaches and different organizational capacities; and the only way to reconcile them is through permanent consultation. Hence the importance of implementing a process accepted by the ones involved; so as to provide Governance with an intentional structure an operative technique, essential to increase the probability of reaching agreements. The problem is that we “have not identified which are the rules or guidelines that promote or facilitate coordination and agreement among actors during the negotiation or dialogue of public complex thorny topics” (p.65). It would be ideal to have a series of universals principles to reach an agreement, even in circumstances that include confrontational interests. Governance is a tricky path, because it indispensably requires a government that has validity in the effectiveness of its actions, greater social participation, implementation of inclusive processes and a political debate to discuss topics that are very important to society. DR © 2011. instituto Nacional de Administración Pública Esta revista forma parte del acervo de la Biblioteca Jurídica Virtual del Instituto de Investigaciones Jurídicas de la UNAM www.juridicas.unam.mx http://biblio.juridicas.unam.mx Matute González Governance: the governing process 273 This situation contrasts with the proposal of a self-sufficient government that provides security to the life of its citizens; this would be a backward step. Aguilar Villanueva invites us to a new way of governing that involves government resources and market and civil society creativity; so as to access higher levels of economic prosperity and social welfare. DR © 2011. instituto Nacional de Administración Pública