Company Profile

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GOVERNANCE AND PUBLIC ADMINISTRATION FOR SUSTAINABLE DEVELOPMENT
IN TURKEY
Today, sustainable development is needed to be taken out as an internal value or factor which has the elements of
economic and social development of a country while improving the life standard and protecting the environment
which are also the main targets of governance and institutional management. In this framework, governance for
sustainable development is not a particular issue away from governance in general but it would be more
convenient saying that good governance at the national, regional and international levels would also serve the
realization of sustainable development targets.
Governance and the Political System
Governance depends on the existence of a political system regulating the relations of the government and the
society based on certain terms of interaction, mutual engagement, and being stakeholders in decision making. The
use of power by the government regarding political problems and other issues on the public agenda is at the heart
of this relation. In recent years, it has been widely acknowledged that political power is not only a question of
administration, but the use of power should also have a certain style. The term of “good governance” is now
widely used to define this style. Good governance is now understood as responsible and responsive use of power
which takes into consideration the institutions, processes, and traditions determining the ways of use of power,
the ways and reasons of political decisions, and the means of citizen participation and effectiveness.
The existence of an independent and efficient judiciary system and the capacity of a highly respected legal system
to solve all of the emerging socio-economic problems are considered as the basic elements of this style of
government. Access to education, health, and welfare services with equal opportunity is another basic
characteristic of good governance. In this respect, good political governance means efficient regulation and
administration of the economy, the environment, and societal conflicts which in turn serves sustainable
development.
In summary, good political governance can be defined as a form of government which is responsive to citizen
demands, acknowledges its citizens as stakeholders in decision making, and allows for their stakeholder
participation in the decision making process, and which can be held accountable, and functions efficiently.
Good political governance suggests a style of administration where authoritative and binding decisions are taken
by individuals making up the society, the NGOs, and the political elite participating equitably as partners in
deliberations, discussion, and negotiations.
At different levels of governance, local governments are obliged to produce public services in coherence with
and the support of national governments as they are a division of these. The national governments come to power
through elections in democracies and are empowered to single-handedly develop national resources and produce
public goods and services. International governance, on the other hand, is composed of the behaviors and actions
of national governments by way of and together with the institutions and organizations formed in partnership with
other national governments.
Good governance for local governments may be realized if municipalities conduct their decision making,
implementation, and auditing activities in a participatory process whereby the population living under their
jurisdiction is equally represented.
Governance in Turkey: The Last Decade
The style of political governance in Turkey has transformed over the last decade due to the impacts of the
democratization movement, the developments in the relations with the European Union (EU), the content and
frequency of conflicts arising from large problems caused by natural disasters such as earthquakes, and economic
fluctuations. The political responses of voters, NGOs, and the media to the aforementioned events have also put
pressure on the system of political governance to change its style.
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Moreover, the reformation of state institutions has gained a new momentum with the implementation of the
candidacy strategy devised in response to the decision taken at the Helsinki Summit (December 1999)
pronouncing Turkey’s candidacy to the EU, and the National Report prepared accordingly. An initial effect of the
steps taken in this regard is the emphasis put on transparency in political decision making and regulation.
The Major Areas of Concern :
The major areas of concern building-up the framework of governance are as follows;
• Transparency
• Political Accountability
• Administrative and Financial Accountability
• Legal Accountability
• Political Participation
• Administrative Coherence
• Subsidiarity
• Efficiency and the Rule of Law
A new section titled “Non-Governmental Organizations” has been included in the Eight Five Year Development
Plan. In this section, the importance of governmental and non-governmental efforts in all areas of development to
reach a democratic society has been emphasized, and in order to develop the channels of cooperation, the
provision of assistance to the NGO sector has been set as a target for government policy. Another significant
improvement in recent years, which came to pass parallel to these developments, has been the preparatory
process of the new Civil Law which has introduced important changes to the Turkish society and family life. The
Civil Law, which has been studied and debated on for almost 50 years and which has occupied the public agenda
during the last decade, has been thoroughly amended with the application of consultative methods such as
meetings, working groups, and correspondence among relevant parties, and through a participatory drafting
process whereby a great number of changes have been made.
As a matter of fact, the practice of informing relevant sections of the society about the body of law in Turkey
meets OECD standards for “best practice” (OECD, 2000: 26). A good example for informing the public in this
regard is the recent effort of some ministries to publish their draft legislation on their web sites. Moreover, with
the decision taken by the Council of Ministers on 12 January 2002, “The Action Plan for Increased Transparency
and Efficient Public Administration in Turkey” has been approved. Other examples for “best practice” in
transparency include the live broadcasting of the plenary sessions of the Parliament by the TRT, and the
publication of draft and proposed laws, as well as the parliamentary auditing activities, on the web site of the
Parliament. Finally, the “localnet” project which connects 3,216 municipalities over the Internet is another
example for “best practice”.
In many situations, the outcomes of the activities of the public sector are swayed by more than one public
organization and its fund allocation. For instance, there is a large number of organizations engaged in reducing
traffic accidents, and all of their activities have an effect on the outcome. The share of each organization in the
successfulness or the failure of the outcome can only be assessed through success measurement.
For this reason, steps are now being taken to fundamentally change our public finance system, which include
among others: empowering the Government Accounting Bureau with success audit capacities, preparing draft
legislation for public finance management and financial audit, selecting pilot organizations for the transition into
success budgeting, changing the coding system of the budget, initiating work for the transition from cash based
accounting to accounting on accrual basis, changing the system of public bids, eliminating extra-budgetary funds,
extending the scope of the budget, and expanding the audit functions of the Government Accounting Bureau to
include the auditing of all of the public funds.
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In addition to these efforts, the “Strategic Planning” approach, which incorporates the concept of accountability
in terms of meeting the targets set in plans, will be put into implementation in the public sector as part of a
requirement of the first installment of the Public Sector Structural Adjustment Loan provided by the World Bank.
Another example for the practice of good governance in Turkey is the implementation of the total quality
approach in some of the public institutions and organizations. Currently, some hospitals run by the Ministry of
Health, the Social Security Institution, and universities have received ISO 9001 and 9002 Quality Certificates.
Military hospitals and schools, as well as draft offices, have also succeeded in following in these steps with
concrete results.
Given these qualities of the public administration mechanism, the Seventh Five Year Development Plan has
suggested to set up the system of ombudsman in order to protect the rights of the citizens as individuals or
collectively. However, at the moment it is only the Petitions Committee of the Parliament fulfilling a comparable
function.
Another issue that needs to be mentioned in this context is the question of “independent committees” of which
the Capital Markets Committee has been the first example. Their numbers have now reached 12, including those
whose decision making bodies have not been established yet. These committees “regulate” and perform the
“administrative policing” of a large domain of sectors, ranging from tobacco and energy markets, and matters
relating to competition, to private radio and television broadcasting. For the purpose of maximizing public
interest, these independent committees have “bureaucratic-technical” formations that keep them away from
political influence. The most significant reform accomplished in public administration in Turkey over the last
decade is the increase in the numbers of these committees and the expansion of their functions at the expense of
the central government.
Over the last decade there has been an apparent growth in the numbers of citizens applying to the courts against
the decisions and actions of the administration. There is also an increased tendency to employ the conveniences
of the legal system offered by the EU in this respect.
In terms of political participation in Turkey more often takes the forms of participation in the elections and
election campaigns, or individual or collective petitioning to political organizations in order to convey demands,
complaints, or requests. Meetings, where social and economic problems and their solutions are deliberated on
and policy options are discussed, are also organized, but they are less common. In the 1990s and particularly
during the earthquakes of 1999 and in their aftermath, the numbers of self-help groups, voluntary organizations
and their activities focusing on improving the environmental qualities of neighborhoods and helping out
vulnerable groups in need of food, education, etc. have increased.
On the other hand, people’s participation in environmental issues is realized under the leadership of political
parties, professional organizations, associations, foundations, and voluntary organizations, and aims to contribute
to bringing solutions to environmental problems, formulating environmental policies, and opposing those
decisions and actions which threaten the environment or cause pollution. The Environmental Impact Assessment
(EIA) by-law, prepared by the Ministry of Environment and put into effect in 1993, is the most notable effort in
this respect. The EIA by-law incorporates methods and procedures also adopted in the USA and the EU. EIA is
compulsory for all large-scale economic activities. Projects for large-scale infrastructure, residential
development, energy production facilities, various industrial facilities (for example, cement, fertilizer, sugar,
tobacco processing, and tire production industries, etc.), and leather processing facilities fall under this category.
Furthermore, development projects on agricultural lands, wetlands, lakes, and eco-systems rich in bio-diversity,
as well as lands protected under national law or according to international agreements, are subject to EIA.
According to the new State Bidding Law (2002), the bidding process cannot begin before the appropriate EIA
certificate is obtained for the projects requiring the preparation of EIA reports.
Methods of participation into the EIA process in Turkey include both “submitting views in written form” and
“holding meetings”. An important and positive point in this process is that each party is bestowed with all the
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possible opportunities to voice out their views. In practice, the participation in the EIA process in Turkey needs
to be improved.
Methods proposed to challenge the problems in this respect include: to identify and implement methods of
participation which are most applicable to local conditions, to encourage the establishment of environmental
organizations, to enable the more effective participation of local universities, NGOs, and professional
organizations in the EIA process. Also, the Eight Five Year Development Plan calls for new regulations to
increase the efficiency of the EIA process.
The general public tends to exercise its participation and scrutiny functions through NGOs, local governments,
and the media. Thus, an elite-directed political participation is prevalent. Although the ratio of the type of
participation, which takes the form of protest, is not low in Turkey compared to other cases in the world, elitecontesting
political participation is less prevalent. The movement started in the 1990s by the villagers of
Bergama, protesting against the environmental pollution caused by the use of cyanide at a nearby gold mine, still
draws the attention of the public, thanks to the extensive coverage of the story in the media. In the 2000s, the
protests against the increase of traffic of vessels carrying crude oil and natural gas in the Turkish straits and the
potential hazards associated with that, as well as the protests of the inhabitants of Arnavutköy opposing the
construction of a third bridge on the Bosphorus, have received wide media coverage.
This overall picture of political participation in Turkey reveals that political participation is exercised less in the
form of individual undertaking, but more in the form of mass mobilization of voters by political parties and
organizations.
ONE OF THE BEST PRACTICES TO IMPLEMENT AGENDA 21
LOCAL AGENDA 21 PROGRAM
The Agenda 21 which was adopted at the UN “Earth Summit” convened in Rio de Janeiro in 1992, states this as
among its objectives: “By 1996, most local authorities in each country should have undertaken a consultative
process with their populations and achieved a consensus on ‘a local Agenda 21’ for the community”. The
adoption of this objective in 1992 gave rise to the implementation of a process called the Local Agenda 21
Program in thousands of cities all around the world, and most prominently in European countries. Throughout
this process, it was understood that the issue at hand should not be only restricted to the environment, but within
the framework of sustainable development, a more comprehensive framework should be applied to incorporate
the socio-economic development perspectives of cities and regions. The “City Summit” (Habitat II) convened in
Istanbul in 1996 further contributed to the Local Agenda 21 movement by stressing the importance of
partnerships of the public sector, the civil society, and the private sector. During this Conference, Local Agenda
21 implementations were acclaimed as an international program of the United Nations Development Programme
(UNDP), resulting in a broad implementation of the Local Agenda 21 Project in 85 countries including Turkey.
Its implementation in Turkey has also facilitated a much more improved implementation of Article 13 of the
Municipal Law which elucidates public participation in local administration.
Local Agenda 21 implementations in Turkey were commenced at the end of 1997, under the project title
“Promotion and Development of Local Agenda 21 in Turkey”. The project is administered by the International
Union of Local Authorities - Eastern Mediterranean and Middle East Regional Organization and financed by the
UNDP. At its initiation, it included nine cities which were selected by taking into account the geographic regions
of Turkey and the political affiliations of municipalities for a balanced representation. At the end of the first year,
the Project was revised by the UNDP in the light of the successful results of its implementation, and the number
of the cities was increased to 23. The Project Document prepared for its implementation in Turkey was published
in the Official Gazette in its second issue on 6 March 1998. The revision of the project to increase the number of
cities was again announced in the Official Gazette dated 8 February 1999.
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The UNDP has selected the Local Agenda 21 Program of Turkey as a world-wide best practice in 1999, and
decided to present this Program as “best practice” to the world leaders and governments in the upcoming UN
“Rio+10” Summit to be convened in Johannesburg.
Coherence among the Tiers of Administration
Although, over the last decade, there has been a greater support for self-government and the delegation of the
powers of the institutions of the central government to the provincial level, the structure and the tradition of a
highly centralized public administration still persist today.
The domains of power of the municipalities and the central government in urban areas often overlap with each
other. Over the last ten years, there has not been a major improvement in the definition of the domain of power
and the resource base of the municipalities. Although some of the centrally hold powers have been delegated
down to the municipalities, it can be argued that the powers and the resources of municipalities have remained
relatively limited.
In 1998, the studies for the Reform for the Strengthening of Local Governments, aiming to effectively regulate
the distribution of liabilities, responsibilities, powers, and resources among central and local governments, have
been completed and a subsequent draft law titled “the Distribution of Responsibilities between the Central
Government and Local Governments, the Regulation of the System of Service Relations, and Amendments to
Various Laws Pertaining to Local Governments” has been submitted to the Parliament.
This draft law which has not been deliberated and decided on, and thus, not been put into effect yet, has been
criticized, but includes, nevertheless, many innovative aspects that should be considered as “reform”. These are,
among others:
The curtailment of the “administrative guardianship” of the central government,
The restructuring of the distribution of responsibilities and powers among central and local
governments with a new approach prioritizing local governments, with the intention of reflecting
the principle of “subsidiarity” in the law,
A new emphasis on the revival of neighborhood administrations, which are sociological formations
at once, and have been neglected throughout the history of the Turkish public administration,
Resource allocation to villages,
Facilitation and promotion of recruitment of qualified staff by local governments,
A broader delegation of mayors’ powers to the subordinates.
Subsidiarity
Turkey’s determination for full membership to the EU and the steps taken in this regard have also brought
forward a renewed discussion on subsidiarity: which public services are to be produced at what governmental
level and with which funds?
The participation of NGOs in the Rio, Istanbul, and Beijing summits has also had a significant impact on the
opinions of the heads of state and government. The shift in the views of political authorities in this regard,
manifests itself in the current attitudes of the security forces towards the NGOs providing aid. The new popular
support for the NGOs, coupled with higher political tolerance, has produced a significant externality considerably
changing the attitudes towards the NGO sector in general.
Nevertheless, in Turkey one observes the existence of more favorable economic and political conditions for
accomplishing decentralization and delegation of powers from the central government down to the local
governments. Particularly the levels of political participation achieved under the Local Agenda 21 Program, and
the efforts instigating a style of government more responsive to the citizenry and citizen demands, make a very
positive impact on local governments.
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Turkey is a strong candidate for achieving high levels of decentralization in the production of goods and services,
excluding those public goods and services in such fields as security, defense, foreign policy, national
transportation networks, energy, education, and health that require the maintenance of standards at the national
level or large-scale investments.
If, however, production and auditing activities are not perfected through stakeholder participation, these
developments will have little positive impact on sustainable development. The Bidding Law passed by the
Parliament in 2001, constitutes an important step for the realization of the principles of good governance in the
bidding processes. The Law has introduced transparency and methods that facilitate accountability into the public
bids, and as such it should, along with its implementations, be regarded as a “best practice”.
Efficiency and the Rule of Law
Since in good governance efficiency is realized through stakeholder participation, all parties and persons
contributing to decision making must adhere to their decisions as a rule of ethics and by law. In this way, the noncompliance
with political decisions, which is one of the main problem areas of governing, can be minimized. In
summary, all administrative activities must comply with political decisions.
In spite of these negative conditions, throughout the last ten years, the trust placed by the public on the judicial
institutions administrating justice in Turkey has been much stronger than the political institutions (UNDP, 1998:
43-4). In the 2000s, due to the deepening of the economic crisis and the negative reports coming from intensified
combat against corruption, the mistrust felt for the political institutions and the politicians has deepened
nationwide. The institutions of the judiciary have also been affected by this negative current, but not as severely
as in the case of political institutions.
Turkey’s increased determination to strengthen the rule of law finds its expressions in the intensification of
relations with the EU after 1999 and the measures taken to comply with the Copenhagen criteria. A law
amendment passed in 2002 obligates public officials, who are found guilty of the crime of torture by the
European Human Rights Court, to pay personally for the damages, that Turkey might be sentenced to cover. This
is a preventive measure designed to eradicate the torture of suspects in the hands of security forces.
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ACTIONS UNDERTAKEN TO IMPLEMENT AGENDA 21 AT THE NATIONAL AND
INTERNATIONAL LEVEL IN TURKEY
In terms of national policies, the State Planning Organization (SPO) prepares strategies for development, the
development plans which are accepted as the basic instruments of government policies in economic and social
issues for efficient use of resources. SPO has included environmental issues in its development plans since the
Third Five Year Development Plan, which covered the period 1973-1977. The concept of “sustainable
development” has been embodied in the Sixth Five Year Development Plan (for the period 1990-1994), whereas
the National Environmental Action Plan, NEAP, (which could be accessed at:
http://ekutup.dpt.gov.tr/cevre/eylempla/neap.html) has been prepared during the Seventh Five Year Development
Plan period for efficient environmental management. NEAP has been prepared by the technical support of the
Ministry of Environment under the coordination of the SPO and with significant level of involvement of the
related institutions and stakeholders. Within this framework the following topics were emphasized: (i) the
significance of conducting certain activities for the development of an efficient environmental management
system; (ii) the importance of the need for environmental data and public awareness; (iii) new investment
proposals in different thematic areas; and (iv) compliance with the international environmental standards of the
EU and adoption of the related regulations thereof. The Eighth Five Year Plan covering the period 2000-2005
also addresses the concept of sustainable development and it emphasizes the necessity of striking a balance
between ecological equilibrium and the economic growth.
Decision-Making: Responsibilities with regard to integrated decision-making in sustainable development or/and
development issues in general could be attributed to: the State Planning Organization; the Ministry of Foreign
Affairs; the Ministry Interior; the Ministry of Environment; National Environment Council; Higher Commission
of Environment; and Supreme Board of Planning,
As one of the important tools in implementing environmental targets of sustainable development, “Environmental
Impact Assessment” became a legally required procedure on February 7 1993, and is currently under revision in
terms referring an integrated way of thinking.
Turkey had a National Environmental Action Plan (NEAP) for the years 1996-2000. It was a binding document
for the public sector and serves as a guidance document for the private sector. In addition, certain sectors such as:
tourism; industry; energy; transport; and agriculture are working towards the integration of environmental
considerations. In 1995, Turkey launched a preparatory process for the development of a National Agenda 21
under the United Nations Development Programme (UNDP) technical cooperation programme entitled the
“National Programme for Environmental Institution and Management in Turkey”. The report, which identifies
actions to ensure the integration of social, environmental, and economic concerns and policies at national level,
has been prepared. The National Programme for EU Integration; and the Eight Five-Year Development Plan
(2001-2005) are used as important references in the achievement an integrated decision-making.
A National Committee involving representatives from: all relevant government agencies; NGOs; local authorities;
academic institutions; private sector; and the media has also been set up to draft the action plan. Regional
workshops have been organized to review drafts.
In order to realize the targets of sustainable development and Agenda 21, some important steps taken are as
follows;
• the Cairo “Charter on the Euro-Mediterranean Co-operation concerning the Environment in the Mediterrenean
Basin was adopted in 1992
• the Regulation on Environmental Impact Assessment was issues in 1993
• the Regulation on the Rules of Procedure of the Supreme Environmental Board and its Technical Committee
was issues in 1993
• the Regulation on the Rules of Procedure of the Local Environmental Board was issued in 1993
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• the Regulation on the Duties, Authority and Responsibilities and Operational Principles of the Provincial
Branches of the Ministry of Environment was issued in
• Turkey became a party to Ramsar Convention in 1994
• Turkey became a party to the Convention on the Protection of the Black Sea Marine Environment against
Pollution and to its protocols on land-based pollution sources, prevention of pollution in emergency situations
and dumping in 1994.
• Turkey became a party to Basel Convention in 1994
• Declaration was adopted by Ministers of Environment of the Central Asian an Balkan Republics following a
Conference in Istanbul in 1994
• Turkey became a party to the Action Plan for the Protection of the Mediterranean Environment and
Sustainable Development of the Coastal Areas of Mediterranean (MAP-Phase II) which replaces the
Mediterranean Action Plan adopted in 1975.
• Turkey became a party to the Antarctic Treaty of Environmental Protection in 1994
• Regulation on the Control of Hazardous Waste was issued in 1994
• Turkey became a party to the Convention on International Trade in Endangered Species of Wild Fauna and
Flora in 1996
• a UNDP Programme on the “Promotion and Development of Local Agenda 21 in Turkey” was launched with
the participation of 25 municipalities in 1997.
• Turkey became a party to the Convention on Biological Diversity.
• National Environmental Action Plan (NEAP) was completed and officially adopted in 1998 .
• Turkey became a party to the Convention on Combating Desertification in 1998.
• Turkish National Agenda 21 has been completed in 2001.
• the Chairmanship of the Mediterranean Commission on Sustainable Development (MCSD) through 2002 has
been accomplished.
Turkish legislation and regulations adopted after 1992 to address matters concerning particularly sustainable
development in line with the international commitments and cooperation framework are as follows:
· Environmental Impact Assessment (1993 revised 1997);
· Environmental Impact Assessment (1997);
· Medical Wastes Control (1993);
· Hazardous Wastes Control and Management (1995);
· Control of Harmful Chemical Substances and Products;
· Reduction of Ozone Depleting Substances(1999);
· Convention on International Trade in Endangered Species of Wild Fauna and Flora National
Implementation Regulation (2001);
· Control of Soil Pollution (2001);
· Environmental Inspection (2002); and,
· Protection of Wetlands
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Annunciation of “Year of Good Governance” in the world and in Turkey
5.3.2. UN Declaration of an international “Charter of Good Governance”
5.3.3. Conveyance of information on good governance to the public bureaucracy, the NGOs, and the media
5.3.4. Creation of an effective system of “success evaluation”
5.3.5. Broadening the use of new technologies for increasing transparency
5.3.6. Development of legislation guaranteeing the right to access to information
5.3.7. Affirmation of the importance of auditing functions
5.3.8. Strengthening the independence of the judiciary
5.3.9. The establishment of a “Sustainability Observatory”
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