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There Ain’t No Such Thing as a Perfect Privatization

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There Ain't No Such Thing as a Perfect Privatization

The Story of privatization in the Czech Republic has many lessons Pakistan should learn from.

Dr. Khalil Ahmad | 25, January, 2024

Dr Vaclav Klaus, once a finance minister, prime of minister and president of the Republic, quite innocently made a statement, which became well known. He said, “No, I am not ready to pay hard money for soft advice.”

And Milton Friedman called it the ‘Klaus Law,’ which Dr Klaus liked very much!

On such an unexpected response form Dr Klaus, the likes of International Monetary Fund (IMF) were absolutely shocked because that was exactly what they wanted to organise – soft advice for hard cash - technical assistance, sending experts, entertained in the best hotels in Prague and spending most of their time in the lobby bars of those hotels discussing transformation.

As to the objections on the mechanism of privatisation from its own protagonists, Dr Klaus speaks from the point of view of a government (but sure a limited government): We were confronted with an enormous naivety with regard to the formation of legislation, its enforcement and the relationship between formal legislation and informal rules, etc.

And we have been especially criticised for our inability to create perfect legislation. I have to argue that there is no perfect legislation. You have parliaments just for the fact that you need to make changes to and add new legislation to improve it – to fill some of the gaps and holes in the legislation – it’s a permanent evolutionary process in any country in the world.

He further states that the formation of legislation is and must be slow. It can’t be just a quick process. I must say that what I consider to be very important is that legislation is the outcome of the process of evolution; it is not of anyone’s dictate (and if it is a dictate, it plays havoc as has been the case in Pakistan. KA).

As you know very well, legislation is not the outcome of abstract rationalism. Legislation is the result of a very complicated political process, a very very human political process. You don’t create legislation by picking the five best lawyers from the best universities and asking them to “Please be so kind as to give us legislation.” It is discussed. Every sentence is discussed, in your and our parliament.

And, Dr Klaus admits: I’m sure you know very well that legislation is influenced not only by political or ideological arguments, but by vested interests, by lobbying, by what we economists call ‘rent-seeking’ activities. So there is nothing quite like a body of legislation, which you can simply transfer from one country to another and decide that this is true. There is just one example of such a transfer of legislation in modern history, and you probably know what I have in mind – the reunification of Germany.

It was even the identical language. Even to translate the legislation, Dr Klaus tells, is difficult. And it was the same language, so it was easy just to announce that the next morning the old legislation is no longer valid and the new legislation is valid.

And Dr Klaus hastily adds: I always say that our critics probably assume that we are still a totalitarian state, where the appropriate legislation can be simply introduced. But we know it is a very complicated political process.

This is how Dr Klaus sees the whole process of transition including privatisation. But, sure, if we need free markets and do not need over-regulation or a paternalistic welfare state, we will have to go for the three liberalizations, that is, price liberalization, business liberalization, trade liberalization, knowing well that no single liberalisation can bear fruit.

In the context of privatisation in Pakistan, following points are of utmost importance:

1. Changing the economic system (in Pakistan also) is not an easy task as it involves conflicts of interests, that is, it threatens vested interests. Hence, it needs a principled stand and a will to bring it about. It must be taken as a matter of policy.

2. Privatization is part of an overall economic change, a first step and a very important one. But it will be of no use in the absence of price, trade and business liberalizations.

3. As in other cases, in doing privatisation also, a government may makeor makes mistakes unintentional as well as deliberate.

4. If privatisation is to be done, do privatise all of the business enterprises, and let there be a competition. Keeping some selected enterprises with the state with a privileged status will hurt the competition.

5. The cost of transition, or say privatisation, must be kept in mind.

6. The privatised units may or may not succeed; as un-protected private sector, in sharp contrast to the protected public sector, faces competition, and, as happens with such businesses, may meet failures.

7. Like all other legislations, privatisation legislation may be wrong, manipulated, manoeuvred, vested, rent-seeking, etc, and its implementation and execution partial or flawed or skewed, but what is needed: it must be discussed, exposed, criticized and improved.

Finally, (and so far no one has been making this point) it must be demanded that as privatisation is lessening the size and burden of the government; in turn, burden of taxes on people must also be lightened. This will spur both growth and development.

 [Note: This article is based on a lengthy interview of Dr. Vaclav Klaus]

New Privatisation Policy Framework | Working Paper

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NEW PRIVATISATION POLICY FRAMEWORK

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1. Introduction

The Policy Research Institute of Market Economy (PRIME), as part of the project titled “Privatisation Acceleration Initiative” has prepared this working paper to contribute to the on-going debate and policy initiatives to support, and accelerate, privatization of commercial State-Owned Enterprises (SOEs). As the government has no policy framework for privatization at the moment, we realize that a discussion and consensus on privatization policy is essential. This paper contains a brief overview of the challenges and a list of recommendations which are based on consultation with the stakeholders. We hope that this can lead to useful deliberations and policy evolution. The scope of this working paper is to develop a framework which can be applied to commercial SOEs and outsourcing of public services to private contractors. We hope that it will make the process of privatization transparent, free it from ad-hocism, minimize the potential of misappropriation and corruption attached with it, shorten the process, improve its sustainability prospects, and take cognizance of labour market sensitivities.

2. Background

The issue of privatization of the SOEs is reflective of the complexity, ambivalence and indecisiveness of the public policy in Pakistan. These three traits are embedded in the process of privatization, on the one hand, and on the other, they demonstrate the inability and incompetence of the state institutions and agencies set up from time to time in order to privatize, as the first step, the commercial SOEs, and in particular, but not limited to loss-making SOEs.

A historical review of the various attempts at privatization of the SOEs reveals a number of issues impeding the process of privatization and it is these impediments that have left us with an economic legacy consisting of a heavier footprint of the state (more than 200 SOEs including 87 commercial SOEs1, and 67% state footprint2 in Pakistan’s economy), that includes from commercial SOEs to non-commercial SOEs.

As the state unavoidably needs to shed its burden of the commercial SOEs (whose assets today value more than 40% of GDP), and as it will no doubt relieve the citizenry also from the ever-increasing tax-burden utilized to sustain most of the SOEs, it is imperative to facilitate and accelerate the process of privatization and at the same time to make it transparent, free from bureaucratic and legal disincentives and regulatory hurdles.

And, as the political and economic stakes are extremely high, privatizing the SOEs successfully requires that the concerns of all the stakeholders and issues related with individual SOEs be addressed in a satisfactory manner.

3. Consultation Exercise

PRIME conducted the “Workshop on Privatisation and SOE Policies of the Federal Government” on the Thursday 6th of December 2023, at the Best Western Premier in Islamabad. The workshop had participants and representation from the Competition Commission of Pakistan (CCP), the Petroleum Division (Energy Ministry), an SOE, Zarai Taraqiati Bank Limited (formerly Agricultural Development Bank of Pakistan), a regulator National Electric Power Regulatory Authority, a think tank, Center for Economic Research in Pakistan, and a multilateral lender Asian Development Bank (ADB).

The session was chaired by the Privatisation Minister Fawad Hasan Fawad, and was conducted by the Executive Director PRIME Ali Salman and Programme Director Syed Ali Ehsan. Political Economist and PRIME Distinguished Fellow Dr Khalil Ahmad facilitated the discussions. The first segment of the workshop contained a presentation by Lahore University of Management Sciences (LUMS) Fellow at PRIME Hassan Abbas, with his focus on facts related to privatisation.

Next was an interactive session with participants exchanging their diagnoses on repeated failures to privatise State-Owned Enterprises (SOEs). This was followed by a discussion session on amendments to the privatisation policy and the SOE Policy. The discussion was held under Chatham House Rules. The Workshop was concluded with comments by the Privatisation Minister followed by a networking exchange over Hi-Tea.

4. Identification of Problems

The first interactive discussion revolved around the identification of recurring systemic patterns hindering past privatisation attempts by various governments.

4.1 Problems Stemming from Human Resource Complexities

A significant number of pressures emanate from the labor force related complexities. These were traced to opposition by unions, over extended job contracts which no new owner would plausibly try to accept.

4.2 Political Resistance by employee unions

The participants raised the matter of employee unions blocking privatisation attempts through political resistance and legal measures. Employee unions in many commercial SOEs have direct affiliation with political parties. As large, organized voter segment, employee unions can exert significant pressure on political representatives to oppose privatisation

4.3 Legal Resistance by Unions and Special Interests

Another mechanism that has blocked privatisation efforts has been the invocation of courts by special interests. Unions as well as ex-servicemen communities, and even Public Interest Litigation lawyers are able to obtain legal stay orders at different levels of a privatisation process to completely paralyze the process.

4.4 Unsuitable Human Resource and Rigid Ecosystem

Private investors seeking to turnaround SOEs are unable to relocate, dismiss or terminate the employment contracts of unsuitable HR due to internal organizational rules, or legal protections contained within past legal precedent established by the judicial courts.

Many SOEs contain specialized positions which would otherwise not exist in the private sector. Mostly, these employees cannot be utilized under a new management plan 3 brought in by the private investor. At the same time, the courts have generally protected the positions and financial compensation of such employees, adding a layer of management complexity, and an additional cost burden without value addition.

4.5 Conflicting Interests of Management

Amongst the identified issues were uncertainties caused by conflicting legislation. New laws conflict with older laws, creating ambiguity in what should be well-established processes. This coupled with a broad culture of judicial activism creates a negative environment for privatisation of PSEs. Significantly, G2G transactions are not dealt with clearly under the law.

4.6 Legislative and Judicial Uncertainties

Amongst the identified issues were uncertainties caused by conflicting legislation. New laws conflict with older laws, creating ambiguity in what should be a well-established process. This coupled with a broad culture of judicial activism creates a negative environment for privatisation of SOEs. Significantly, G2G (Government-to-Government) transactions are not dealt with clearly under the law.

5. Recommendations

After the identification of problems, the participants engaged in a discussion around remedies to eliminating failure in privatisation attempts. These were shared as follows:
5.1 No court other than a specialized Privatisation Appellate Tribunal should be allowed to adjudicate civil or criminal cases related to any privatisation transaction. In the past, even government entities have gone into litigations against the federal government.

5.2 Major modifications must be made in the Privatisation Commission ordinance as well as the regulations to modernize the privatisation framework, and to incorporate international best practices.

5.3 Contradictory and conflicting legislation/statutes which create procedural uncertainties must be reviewed and synchronized to eliminate procedural ambiguities in the privatisation process.

5.4 Political parties should clarify their position on the privatisation of SOEs, and specify their plans to a certain degree, so that political uncertainty around the issue can be mitigated.

5.5 A System of reward and punishment be adopted for the bureaucracy overseeing the privatisation process, and regular performance appraisal of the management overseeing the privatisation must be arranged periodically to ensure process continuity, and management effectiveness. Line Ministries managing SOEs must have answerable/accountable bureaucracies.

5.6 Parliamentary Committees in the National Assembly and Senate overseeing privatisation matters and SOE performance issues must play a more active roleand provide more effective oversight and ownership to keep stakeholders accountable to privatisation goals.

5.7 Bundling of SOE verticals may be done after discussions with investor groups. If investors feel that they would draw greater benefit from purchasing a bundle of verticals together, and if Privatisation Commission deems greater value in terms of incoming receipts, then the organizational management can organize assets accordingly.

5.8 Use Special Purpose Entities (SPEs) as an off-balance sheet tool to park the liabilities of Commercial SOEs, whose compromised balance sheet may be the single biggest hinderance in their privatisation. An SPE holding company can be created to manage all these liabilities arising privatisation in one place. An SPE may not come into existence legally until a deal has been reached and finalized.

5.9 Commercial SOEs should be exempted from the conventional rules of the Public Procurement Regulatory Authority (PPRA) to improve their responsiveness to market forces responsiveness and operational environmental threats. Instead PPRA may work on a separate framework for procurement compliance for Commercial SOEs.

5.10 The Central Monitoring Unit of the Finance Division should be given time bound objectives regarding the management of SOEs and those Commercial SOEs which are on the active privatisation list.

5.11 A periodical report on the financial performance of state-owned enterprises comparing them with their private sector counterparts should be prepared and published.

5.12 All SOEs should maintain an accurate Asset & Liability Register (Balance Sheet) and such statements need to be verified by credible and approved external auditors.

5.13 Financial review of SOEs should report any losses which the government might have parked or re-assigned for accounting purpose under any other name or entity.

5.14 A public service campaign to build a favourable public opinion for privatisation should be designed and implemented. It should be backed by research and case studies.

5.15 Training should be conducted by the Privatisation Commission for the benefit of any new organizational management team undertaking privatisation. This training should be compulsory for any management team as soon as their SOE has been added to the active privatisation list.

5.16 A conflict-of-interest policy needs to be introduced and implemented in the board meetings to ensure that those who are present at the board meeting do not have a commercial interest in the transactions. Disclosure rules may be reexamined and incorporated into organizational rules to minimize the possibility of board members’ interests conflicting with transparency and efficacy of the privatisation process
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STICK-IN-THE-MUD: WHY PAKISTAN IS FALLING BEHIND? A Case of Missing Transformation

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STICK-IN-THE-MUD: WHY PAKISTAN IS FALLING BEHIND?
A Case of Missing Transformation

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Why is Pakistan falling behind? What is the role of dismal labour productivity growth in hindering meaningful transformation? Can overallocation of resources in some sectors at the expense of others due to political economy reasons explain Pakistan’s poor economic performance? This report attempts to answers these questions through the lens of structural transformation.

The report starts with documenting the phenomenon of missing structural transformation in the case of Pakistan. Specifically, unlike regional peers, agriculture’s share in both total employment and value added has decreased by significantly less over the past several decades. Moreover, changes in the composition of both the export and the import baskets also point to limited economic transformation. We also find that the limited transformation Pakistan has undergone has been towards sectors with low productivity growth thus undermining the country’s future growth prospects. One of the key reasons behind the lack of transformation is that labour productivity in both the overall economy and the agriculture sector has increased by the least in the case of Pakistan relative to the regional economies. As a result, unlike in most other countries, there is limited incentive for labour to move from agriculture to non agricultural sector.

But what is behind the dismal increase in labour productivity? We find that, contrary to popular belief, a critical reason for this is the lack of capital deepening. In fact, capital-to-output ratio has been declining since late 1970s such that today Pakistan has one of the lowest levels of capital-to-output ratio across the list of 183 countries included in the PWT dataset. We think that high macroeconomic uncertainty due to irresponsible macroeconomic policies, including low foreign reserve buffers, are critical for understanding the persistent decline in capital-to-output ratio and, as a result, low growth in labour productivity.

The second half of the report starts with documenting differences in labour productivity across sectors. This is important since it has the potential to open doors for policymakers where reallocating resources from less productive to more productive sectors can increase overall productivity in the economy. Consistent with the rest of the literature, we find that the agriculture sector has one of the lowest labour productivity in Pakistan. Labour productivity in the agriculture sector is 47% that of the non-agriculture sector. We consider if differences in wages and production technology across the agriculture and the non-agriculture sectors can explain the difference in labour productivity between the two. However, we find that these factors cannot explain the observed differences, pointing to an overallocation of resources in the agriculture sector due to reasons which are related to government policies and market failures such as frictions in the credit markets.

Since an increase in labour productivity is critical for meaningful transformation, the report goes on to explore how an increase in integration in the Global Value Chains can help increase overall productivity in the economy. We document that the level of participation in the GVCs is one of the lowest for Pakistan. Surprisingly, and contrary to what we find for other fast-growing economies, the GVC participation in Pakistan is lower for the export sector than it is for the non-export sectors. We conclude the discussion with showing that an increase in GVC participation can go a long way towards increasing the productivity growth and, as a result, facilitate the transformation process.

The discussion in this report centres around the allocation of resources across the economy. However, we note that the challenge of resource misallocation as in the case of Pakistan is not just a challenge of technical knowledge and administrative expertise but also has power-relations between the ruling elites and the effectively disenfranchised masses at the core of it. What is considered economically inefficient could very well be maximising the economic rents for the elites. Therefore, we are unlikely to achieve meaningful progress without bringing these power-relations to the forefront of any discourse on reforms

Spending restraint a must for economic stability

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Spending restraint a must for economic stability

Consensus on privatisation, power sector restructuring can steer towards stability 


Ali Salman | 09, January, 2024

The caretakers have been busy dealing with economic crises following constitutional amendments that empower them to implement long-term measures.

Along with the support provided through the Special Investment Facilitation Council (SIFC), the government seems to have done well in reducing the level of uncertainty in economic outlook through various administrative measures.

Some of the praiseworthy steps include reforms in the privatisation process, power sector governance, exchange rate management, facilitation of business visas, and forex liberalisation for IT companies.

The government secured an ordinance setting up a special tribunal to hear petitions against privatisation transactions. The stock exchange has been a source of good news for many weeks, though it remains inconsequential.

Ultimately, this setup needs replacement with an elected government, putting politicians back in the driving seat.

A common theme emerging from pronouncements by senior political figures across the spectrum as an electoral promise is restraint on public spending. Nawaz Sharif has already included this in his nine-point agenda, and more recently, Bilawal Bhutto-Zardari has also promised to close 17 federal departments and included this point in his 10-point agenda.

Bilawal stated that this would help the government save Rs300 billion every year, indicating an emerging consensus.

The root cause of our economic woes lies in fiscal matters, especially on the spending side. However, the closure of 17 federal government departments, while a positive step, will only translate into saving approximately 0.35% of gross domestic product (GDP).

The bigger problem lies elsewhere. In its Fiscal Risk assessment for FY 2023-24, the government acknowledged that the federal government’s exposure to state-owned enterprises (SOEs) in the form of outstanding loans and guarantees stood at 9.7% of GDP in 2021, having increased since.

The circular debt in the electricity and gas sectors at the current value adds another 7% of GDP in the exposure, increasing daily. The gas sector is losing Rs1 billion every day.

As net federal revenue squeezes in the coming years, despite nominal increases in tax collection, the risk of corporate default will rise despite International Monetary Fund (IMF) assurances.

A political consensus must evolve on public spending restraint. This consensus should have two components: privatisation of 85 commercial SOEs and radical restructuring of the power sector, whereby the government must stop financing theft, default, and inefficiencies.

The old trick of political economy should be put to rest. This trick, whereby losers are juxtaposed against beneficiaries of reform, has done us no good. If our politicians can agree on this argument, it will be a big win for democracy.

Significant cuts in public spending will reduce the pressure on federal government revenue substantially. The savings, or parts thereof, can be redirected to more investment in human capital, which is crucial.

The pressure to collect more taxes will also subside, and the government will not have to increase the electricity tariff each month.

Importantly, the government will be able to increase its spending on strengthening institutions responsible for the protection of life and property. The political consensus should evolve on managing our federal government better.

It may be worth noting that while we have recently seen a new SOE policy, our privatisation policy is a one-page shallow document dating back to 1994. Recently, PRIME has conducted a consultative workshop under the chairmanship of the federal minister for privatisation, leading to an unofficial framework for a new privatisation policy that Pakistan needs to debate.

Pakistan also needs a new policy to restructure the power sector; increasing the tariff rate is no reform. The current cost-based model of electricity distribution companies guarantees the longevity of a failing system.

While the SIFC is primarily working to attract FDI, it should also investigate why our domestic investors are shying away. In this context, privatisation of 85 commercial SOEs, distributed across 10 key economic sectors, can unleash a new wave of productivity, wealth, and job creation.

These include power, oil and gas, infrastructure, transport and communication, manufacturing, mining, engineering, finance, industrial estate development and management, and wholesale, retail, and marketing.

The continued government presence in these sectors as a business player constitutes a major roadblock to economic prosperity, which needs complete removal.

Contrary to common perceptions, four governments of PML-N and PPP during the 1990s had a complete consensus on privatisation. In fact, under Benazir, the government sold more assets under state control. This continued under General Musharraf, only to be halted by the Supreme Court.

It’s time for leading parties across the spectrum to develop a consensus on public spending restraint. They have done it in the past. They should do a better job now.


THE WRITER IS THE FOUNDER AND EXECUTIVE DIRECTOR OF PRIME, AN INDEPENDENT ECONOMIC POLICY THINK TANK

The Article was originally Published on The Express Tribune, on January 8th, 2024.