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   The International Budget Project

WHAT ROLE CAN CIVIL SOCIETY AND PARLIAMENT PLAY IN STRENGTHENING
THE EXTERNAL AUDITING FUNCTION?
By Warren Krafchik, Director, International Budget Project

This paper was presented at an African regional workshop, Towards Auditing Effectiveness, organized by the World Bank Institute and held in Ethiopia May 12 – 15, 2003.  The participants included officials from the internal and external auditing offices in Ethiopia, Ghana, Kenya, Malawi, Mozambique, Nigeria, South Africa, Tanzania, Uganda, Zambia and Zimbabwe.

Given the political, economic and information challenges of effective oversight in developing and transition countries, the IBP has advocated that civil society, parliament and the auditor-general cooperate, where possible, as an informal budget oversight coalition.

This paper argues that each of these institutions can contribute to such an effort.   The paper also provides best practices and examples of increasing cooperation between the auditor-general and legislatures and civil society organizations.


For those interested in pursuing these issues further, listed at the end of the paper are general references on external auditing, as well as readings or internet references on the relationship between legislatures and the auditor general, contacts in civil society organizations, and links to auditors general around the world.

1) Introduction 

Many of the major problems of budgeting in developing countries can be detected through good external auditing.  For this reason, strengthening the external audit institution must be a major component of any plan to improve public financial management in developing countries.

However, auditors-general (AGs) often face substantial problems in building an effective oversight institution.  These include political problems, such as inadequate independence or poor cooperation from the executive, as well as shortages of resources and/or skilled personnel.  Effecting institutional change in public finance systems therefore demands a political approach as well as technical expertise.

Because AGs are required to remain politically neutral, their recommendations often are not implemented by the executive and, in fact, do not go further than parliamentary debate.  This paper argues that by cooperating with institutions whose mandate enables them to engage in the political issues from which AGs are excluded, AGs can achieve systemic change in public financial management institutions and behaviour.  Potential partners for AGs include civil society organizations, parliament and the media, all of which share AGs’ concern with effective budgetary oversight.

One clarification is necessary.  Given the necessary independence of each of these institutions and their complex relations with the executive branch, I am not advocating a permanent, formal coalition.  It is more realistic to think of such interactions as informal and strategic, based on case-by-case consideration.   At other times, these institutions will be required to adopt very different positions from one another.

2) Parliament and AGs

Best practice governs that the AG office should be an independent institution that reports to parliament, the “keeper of the public purse.”  Within parliament, the AG’s primary relationship is with the Public Accounts Committee or Parliamentary Audit Commission (PAC).  In many cases, AGs also establish relationships with sector committees (such as health, education and agriculture), but these relationships are best mediated or coordinated by the PAC.

AGs and PACs have traditionally developed a close relationship that might be described as mutual dependence or symbiosis.   Parliament’s oversight over the budget is most effective when it can rely on information from the AG.  In turn, the AG is most effective in improving budgetary oversight when it can rely on parliament to promote its recommendations with the executive.

This is not to say that aims of the AG are the same as those of PACs and parliament. The AG has to balance a complex relationship that requires it to report to parliament while simultaneously maintaining independence and objectivity from parliamentary concerns.  Managing this relationship requires some finesse.  Too close a relationship with parliament creates the danger that uncomfortable audit findings may be sidelined or ignored.  But too distant a relationship denies the AG a powerful ally for effecting the recommendations emanating from the audit.

3) How does the parliament help build pressure for change?

Traditionally, the AG presents the audit to parliament, which then refers the matter to the PAC.  Public hearings are the principal mechanism by which the PAC examines the audit findings.   In most political systems, the constitution gives parliament the power to summon responsible officials and other interested parties to give evidence.  These can include ministers and department staff, as well as the AG and his/her staff, specialist committees and civil society groups.

Especially if the hearings are public and open, they provide a powerful opportunity to hold the executive to account by testing the audit results against the testimony of executive officials and other experts.  Hearings also can build public interest in important policy issues.  In these ways, hearings can begin to create constituencies for change within parliament, civil society and the media.  In addition, hearings create greater understanding of the AG’s function and of oversight more generally and alert interest groups, the rest of parliament and the public to the issues that might arise and the problems that are on parliament’s agenda over the next year.

After completing its review and hearings, the PAC prepares a report with comments and recommendations or formulates a draft resolution.   The information in this report greatly aids the subsequent debate in the full parliament, which otherwise tends to be long and unfocused.   Following that debate, parliament votes to approve or reject the report.

The next stage of the parliamentary process is to follow up on the hearings and the report to ensure that corrective action is taken.   The work of the AG and PAC only has practical value if the government implements the committee’s recommendations.  Yet this often does not happen, particularly when the executive is dominant and parliament has little room to maneuver.

In most countries there is some follow-up of the audit reports by the AG and/or the PAC.  In some cases, the AG is obliged to check on the progress that has been made since the previous audit, but this generally is the responsibility of the PAC.  The PAC can ask government bodies to report on the audit findings and recommendations.  It also can adopt a resolution making specific demands on the government to rectify certain problems and then to inform parliament about the measures adopted and their outcome.  (In some countries, the affected government bodies are required to submit a report on the remedies that have been implemented.)  The PAC report to parliament can also contain concrete proposals for follow-up measures.

In sum, a partnership between the AG and the PAC during the parliamentary review, hearing and follow-up stages provides a major opportunity to enhance the external auditing function.

·         Parliament can raise issues of concern that might be appropriate for the AG to investigate.

·         The PAC can develop the skills and knowledge base to conduct in-depth hearings and produce substantive recommendations on auditing issues. 

Parliament can also exert pressure for effective follow-up, both directly and indirectly.

·         Unlike the AG, which is a neutral assessor of financial flows, parliament has the political role of keeper of the public purse and thus can press the executive to answer for its actions.

·         Parliament’s examination of the audit findings and recommendations places auditing concerns in the public domain, making them more accessible to civil society, the media and the public.   This substantially broadens the constituencies that can push for improvements in financial management.

4)    Civil society and AGs

Despite the best efforts of parliament, the AG and even the executive, ensuring that good auditing recommendations are translated into effective policy and behavioral change has proven extremely difficult.  Co-operation with civil society organizations provides a further opportunity to help make this happen.

Recently, civil society’s engagement with government budgeting has grown dramatically.  This activity tends to focus on the legislative stage of the budget process, although budget groups are also active, where possible, in the drafting stage and in monitoring implementation.  To date, civil society groups have been least involved in the auditing stage of the budget process, but there are some signs that this is changing.  Although cooperation between civil society and the AG is in its early phases, it presents several innovative possibilities for improving the auditing function and civil society oversight.  Several ideas and examples of this developing cooperation are presented below.

Building audit literacy:  One reason why audit findings might not have greater resonance with the public is that people are often unaware of the role of the AG and its potential impact on their lives.  To build an engaged citizenry interested in holding the government to account, it is necessary to raise the level of budget and audit literacy in the population.  The AG can fulfill this function itself, by developing an outreach campaign, or it can contract with budget groups (and the media) to assist.  Budget groups and the media have expertise in translating complex materials into timely, accessible documents and in designing and delivering training courses specifically targeted at non-technical audiences.

Suggesting sites for audits:  The most common way for the AG to open a dialogue with civil society is to create a mechanism for civil society to alert the AG to potential problems and request that an audit be performed.  These requests may be made directly to the AG (as in Colombia) or indirectly, through the legislature and a review board (as in California).  Either way, these requests enable AGs to benefit from the contact that civil society organizations have with citizens throughout the country. To take two examples:

·         The Uganda Debt Network, a coalition of civil society organizations, was approached by the Justice and Peace Commission of the Catholic Church about the government’s repeated awarding of contracts to a private firm (Amuria Farmers) that had been producing poor-quality work.  Following complaints from the Uganda Debt Network, the AG and the Office of the Prime Minister investigated the situation and corroborated these claims, as well as identifying a skewed tendering process.  As a result, the disbursement of funds to the district was suspended until evidence of remedial action was provided.

·         Recently, professors at a California state university were concerned that the university administration had diverted resources intended for teaching into current expenditures.  Working through the legislature, faculty at the university asked the audit review committee to conduct an audit.  The audit was conducted and found that, indeed, significant resources had been diverted from teaching funds; the audit also uncovered conflicts of interest and spending overruns.  Advocacy groups used these findings in their work with the media to force the university to correct these problems.  (See the California Budget Project.)

Tracking expendituresThe Uganda Debt Network has helped to monitor and correct serious leakages that were occurring in the transfer of funds from the National Ministry of Finance to individual schools.  A system has now been established to involve the community and civil society organizations in tracking funds.   First, the amounts that each school should receive are posted on a signboard or tree in the village.  The Uganda Debt Network then follows up with the Parent Teachers Association in each school to ascertain whether it has received the correct amount.  Finally, the Network compares this information to the official Central Bank releases of expenditures at the national level and reports its findings to the Ministry of Finance.

Tracking follow-up to the AG’s report:
The Public Sector Accountability Monitor (PSAM) in
South Africa works closely with the legislature to track the executive branch’s response to allegations of misconduct contained in the AG’s report.  One of the PSAM’s activities is to follow up reported cases of government corruption and misconduct.  Once the relevant details of the case have been established, the PSAM faxes a summary of these, together with a list of potential breaches in regulations, to the head of the relevant department.  One month later the PSAM interviews that official to find out what disciplinary action was taken and posts that interview (in text and audio format) on the internet.  In the event of a non-response, the PSAM formally requests this information under the Promotion of Access to Information Act. The success of the initiative demonstrates how civil society can complement scrutiny by parliament.

Measuring program performance
: As part of the Poverty Reduction Strategy Paper process, civil society groups in several countries, including
Malawi, Uganda and Zambia, have begun to measure the performance and impact of government programs.  This might be a valuable contribution to AGs’ efforts to include value-for-money and performance auditing at the local government and village levels, enabling AGs to obtain information cost-effectively without establishing large offices of auditors.  This initiative has measurably improved the quality of service delivery, such as the availability of medicines and syringes in hospitals and the prompt payment of teachers.

The Colombia AG probably has the most comprehensive program to involve citizens in corruption monitoring.  Its program includes forums to receive complaints from citizens and public hearings to create a dialogue with citizens on their needs and the work of the AG.  One of the most innovative parts of the program is the establishment of "Citizen Watchdog Committees" to monitor high-impact projects.  Each committee is formed at the initiative of citizens around a particular project and signs an agreement with the AG to monitor the project.  To be eligible, each committee must include members with sufficient skills to monitor all aspects of the project, such as architects to examine the contracts, construction specialists to review the buildings, media to keep citizens informed of the project, and NGOs to monitor the fulfillment of the agreements.

To summarize: Civil society groups can assist the AG in several ways, most of which are not yet in widespread use.

·         Civil society can help build citizen literacy on the AG’s function and on issues of financial management and oversight.

·         Civil society and the media can raise issues for the AG to investigate based on their close contact with citizens.

·         Civil society and the media can conduct initial investigations into financial mismanagement or further investigate the issues that arise from an audit report.

·         Civil society can help monitor the executive’s follow-up to an audit report and parliamentary hearings.   Together with attention from the media, this can place pressure on the executive to take corrective action.

·         Civil society can directly assist the AG’s work through its involvement in tracking expenditure, assisting with local auditing and measuring program performance.

5)    What can AGs do to obtain maximum external support?

Parliament and civil society generally are overworked, with many competing committee, campaign and political commitments.  To obtain these groups’ fullest possible contribution toward improving financial management, AGs should think carefully about the kinds of information they distribute.  The following are some ways AGs can engage parliament and civil society in the priorities of the AG office. (See OECD SIGMA reference below.)

·         AGs should be selective about which audits they send to parliament in order not to overburden parliament’s limited capacity.   Most parliaments in Africa and the candidate countries for the EU do not act on more than half of the audit reports they receive.  Choosing which audits truly warrant parliamentary attention is crucial.

·         AGs should make every effort to present reports in a timely fashion.  A recent study of five African Commonwealth countries showed that audit reports are, on average, received by the legislature two years or more after the end of the financial year, even though by law they should be received within six to eleven months from that date.  Delays such as this make audits less relevant and effective.

·         To generate interest among readers, reports should be clear and concise and written in a fair and factual manner, with sufficient but not overwhelming detail.

·         AGs should make the results of previous audits available to PACs in their annual report, especially if the problems described in them persist.  Conversely, AGs should note cases in which problems have been corrected to identify what has worked.

General references on the auditor-general

·         Lima Declaration of Guidelines for Auditing Precepts.

·         Stapenhurst, Rick (2001). Features and functions of supreme audit institutions.  Premnotes: No. 59, World Bank Institute.

References on the relationship between legislatures and the auditor-general

·         McGee, QC, David G., (2002).  The Overseers:  Public Accounts Committees and Public Spending.  Commonwealth Parliamentary Association, London.  Results of a Commonwealth Parliamentary Association study group on the relationship between parliamentary accounts committees and public spending.

·         SIGMA (2002).  Relations Between Supreme Audit Institutions and Parliamentary Committees.  SIGMA paper No.33, OECD and European Union.  Survey of parliamentary and external auditing institutions in European Union candidate countries.

·         Wehner, Joachim, (2002).  Best Practices of Public Accounts Committees.  Paper for the Handbook for Public Accounts Committees commissioned by the Association of Public Accounts Committees in South Africa.

Whom to contact on the relationship between civil society organizations and the auditor-general

As this is a very new area of engagement, there are few resources available on the relationship between civil society organizations and the auditor-general.  The best way to gather information on this issue is to consult the websites or contact persons of involved civil society organizations and auditors-general, including the following:

CIVIL SOCIETY:

      ·         California Budget Project, based in California, United States – contact Jean Ross
·         Public Sector Accountability Monitor (PSAM), based in South Africa – contact Colm Allan (c.allan@ru.ac.za)
·         Uganda Debt Network contact Zie Gariyo (ZGariyo@udn.or.ug)
·         Zambia Catholic Commission for Justice and Peace – contact Mulima Kufekisa (akakapelwa@zec.org.zm)

AUDITORS GENERAL:

Africa

      ·         Auditor-General of Uganda
·         Auditor-General of South Africa
·         Auditor-General of Botswana
·         Auditor-General of the Republic of Guyana

Europe

      ·         Auditor-General of the United Kingdom (National Audit Office)
·         Auditor-General of Sweden

Latin America (in Spanish):

      ·         Auditor-General of Argentina
·         Auditor-General of Chile
·         Auditor-General of Colombia and Comptroller of Colombia
·         Auditor-General of Costa Rica
·         Auditor-General of Ecuador
·         Auditor-General of Nicaragua
·         Auditor-General of Panama

South and Southeast Asia:

      ·         Auditor-General of India
·         Auditor-General of Malaysia
·         Auditor-General of New Zealand
·         Auditor-General of Thailand