POLICY FORMULATION PROCESS –
Based on the Malaysian Experience
Policy
formulation varies from countries to countries. It will depend on the type of
political structure and philosophy of one state. The world trend also may have
influenced on the overall practice of a nation. Sometimes, such trend may
result acceptable or radical outcome. Since comparative measures between
countries may take complicated analysis through thorough studies, this article
will brief simplistically on the general processes of policy formulation in
Malaysia. More important, it will also highlight how the system of the
Government can influence the internal planning and implementation of
multi-disciplined policies. At the end, we may be able to notify various
essential factors that can be assumed as indicators for policy formulation of
Malaysian government.
Background
- Definition
By
definition, there are many diversifications of interpretation in term of the
meaning and understanding of this terminology. Etymologically, in the period of
Middle English, policy was known as policie,
which refers to the government in general. In the period of Middle French,
it was referred to the government or the regulation. The root of this word
comes from Latin, known as politia.
It was initially popular in the 15thcentury.
By glancing the scope of this paper, we therefore can discrete its general definition by combining and subtracting few elements which later compose a statement as such:
Policy is a definite course or method
of action selected from various
alternatives and in light of given conditions
to guide and determine present and future
decisions. More often it is related to a high-level overall plan embracing
the general goals and acceptable procedures especially of a governmental body.
Several
academicians would prefer to define policy as public policy only when
it relates to the government function. Some academicians and political
scientists categorize policy into two components known as action policy and
inaction policy. Inaction policy refers to policy that may not result for any
concrete action to be taken. It may be a mere statement. Public Policy also may
be interpreted as regulatory, redistributive, distributive and security.
Public Policy varies from one another and some based on several models such as:
(a) institutional model - policy may result from an institutional output;
(b) process model – policy as a political activity;
(c) group model – policy as group equilibrium which means that the interaction among groups will result indicative demands (formal and informal);
(d) elite model – policy as elite preference rather than the mass opinion. The normal people are apathetic and ill-informed about public policy;
(e) rational model – policy as efficient goal achievement. It maximizes “net value achievement” after taking into consideration all aspects of the denominators such as the values of the society, available alternatives, consequences, measures, and priorities of the most efficient policy alternatives;
(f) incremental model – policy as variations on the past. It is a continuation of the past government activities;
(g) game-theory model – policy as rational choice in competitive situation. It involves study of the rational decision in which two or more entities have choices to make decision; and
(h) system model – as system output. It is a response of a political system where the forces initiated from the environment itself (inputs-outputs relationship).
There are many more models to be highlighted especially on the extreme dimension of political arena. However, none of these models is decisive or pertinent. The process may involve bottom-up and top-bottom approach.
Public Policy in Malaysia
Scantily, public policy in Malaysia is designed generally
upon the requirement of the political
and social structure and the future demand of the nations as a whole. Since
Malaysian community is a multi-ethnic
society; therefore, any public policy formulation has to be carefully
studied by taking into consideration many factors such as political, social and
economic factors to give an acceptable norm of satisfaction among her citizen.
In order to understand policy formulation in Malaysia; therefore, it is
essential to get a clear scenario on the country’s political system and her
social structures. Malaysian political system is based on Parliamentary Democracy and is ruled as a Constitutional Monarchy
with his Majesty the Yang di-Pertuan Agong (the King) as the Supreme Head of
the country. Malaysia upholds federal constitution that divides authority into
legislative, judicial and executive authorities. The doctrine on separation of power; and, check and balance are clearly stated in
the Federal Constitution. Concept of federalism in Malaysia also becomes a
basis for government administration and machinery to correlate function between
the state and the federal government. Such system is so effective to coordinate
the public policy formulation and implementation processes through the
assistance of the government machinery.
In Malaysia, the social and political systems are very
closely related to the creation and formulation of public policy. The
establishment of public policy is complex due to involvement of various
interested parties during the process to derive for a decision. Public Policy
in Malaysia can be created through one or combination of three processes. First
is through political channel that
means the policy is initiated through Cabinet orders or through the
recommendation of several political reigning parties. Second is through administrative processes at the
ministerial level. Since a policy has implication on the administrative
machinery, the drafted policy is discussed at several high-level of government
meetings. Third is through the combination of both processes via integrated approach/interaction.
Special Committees may be set up to study the policy in-depth before presenting
it to the Cabinet.
Policy Making Process
In general, policy making process in Malaysia has to go
through several stages such as identifying
the arising problems, planning, recommending/formulating suitable alternatives,
legitimizing policies, implementing the suitable action policy, coordinating
various events to suit the established policy and finally evaluating the
effectiveness of such policy. Upon all processes, policy revision is vital nowadays due to the development of complex
society in the modern era. Moreover, the roles
played by certain groups are also essential to provide a better input in the
content of the policy. In general, three players are identified: the politicians and government public
administrators; the publics; and, the related interest group. The first
group is the major players to be responsible in ensuring the success of the
policy implementation. This group can be refined as the Cabinet ministers,
members of parliament, and high-level of government officials. The policy is
implemented under the jurisdiction of the Constitution and government
regulations. Under the Constitution, the federal, state and local governments
are given constitutional rights to implement public policy. As for the publics,
they can act individually or form interest groups to put forth their ideas and
needs for government consideration. However, these individuals and interest
groups do not automatically have the exact power to formulate a public policy
or playing as a major actor. Still, their movement can sometimes get a kind of
strong public support through their campaign and activities and they also can
make the policymaker to understand a ground problem in a clear vision to
resolve the arising problems. Some even use the mass media as their tool to
convey their intention toward the government and to this extent, recently this
mode seems to be quite effective to “trigger” the government machinery.
Coordinating Agencies
To understand the means of implementation for diversified
types of policies among ministries; therefore, we need to explore the
coordinating machinery that involves in such as process. The essential
component of coordination within the government machinery lies initially at the
federal level where one of which is through the Cabinet and the Cabinet
Committees. Three most important councils known as the National Development Council (NDC), the National Economic Council (NEC) and the National Security Council (NSC) assist the Cabinet to deal with
related fields such as coordinating implementation of development programs and
projects under NDC; planning on economic aspects under NEC and security aspect
under NSC. These councils chaired by the Prime Minister himself. Since major
component of policy deals with the development aspect, the National Development Planning Committee (NDPC) has been set up to
evaluate and restructure all plans of the development programs drawn by various
government ministries and agencies. The chairman is the Secretary to the
Government and the secretariat is the Economic Planning Unit, Prime Minister
Department.
Policy – Short and Long Term
In one case study, public policy in Malaysia is normally
being categorized as action policy where it is created through legal action, planning, program and project. Public policy
may involve short and long term planning. Normally in the case of economic
planning, the policy will involve in a long-term measure. A government will
focus more on the development policy that encompasses many programs and
projects in a single or multiple blueprints. In the case of Malaysia, such long
term economic planning can be drawn from the Outline Perspective Plan (OPP).
The first OPP1 covers a period of 20 years (1970 -1990). OPP 2 (1991 – 2000)
and OPP3 (2001 – 2010) cover a period of 10 years each relatively speaking.
Every OPP highlights several policies that need to be carried out by the
government in total. In OPP1 for instance, the New Economic Policy (NEP) was launched. In OPP2, the most pertinent
policy was entrusted known as New
Development Policy (NDP) and in OPP3, the Vision Development Policy has been formulated. In all stages of
OPP, a 5-year-Development Program
will be enforced such as the Eighth
Malaysian Development Plan 2001-2005.
OPP is a government blueprint consisting multi-disciplined
socio economic sectors that highlights various development programs in line
with various policy statements summarized from various detailed documentation
of ministries policies.
The process of producing the OPP is actually a part of
public policy formulation in Malaysia. It begins with the creation of several
committees involving various ministries and agencies related to several
socio-economic sectors. One case study in documenting the OPP 3 can be
summarized in the next paragraphs.
In the normal case, the drafting of OPP will have an input
from two sources: the government and the people’s representative such as from
the politician, NGO, CBO, private sectors and other special entities. The most
formal and prominent group comprises those from the government entities and
they involve in the Inter Agency Planning Group (IAPG). The IAPG will then
breaks up into small technical working group (TWG). The breakup of issues will
be based on several sectors such as local and urban development, social
development, science and technology, women, etc. At the same time, in another
set up, representatives consisting of certain NGOs, CBOs and private sectors
joined in a council known as the National Economic Consultative Council (NECC)
where this group also submit planning proposal to the Government for
consideration and evaluation.
The agency that coordinates the drafting of the OPP is the
Economic Planning Unit (EPU) under the purview of the Prime Minister
Department. As a secretariat, EPU will make a final recommendation to the NDPC.
NDPC will screen the document and submit it to the National Economic Council
before tabling it the Cabinet. To formalize the OPP, a Cabinet memorandum is
therefore required. The process to submit the memorandum to the Cabinet is
simplified in the later paragraphs. Indeed, the process after deriving a
Cabinet decision will be explained further in the same context of gazetting a
new or amended act.
Some public policies may be finalized after several
discussions at various levels. One instance, in formulating the National
Urbanization Policy (NUP), the Town and Country Planning Department has set up
internal committee at the departmental level. Since it requires comprehensive
measure, the department appoints consultant to make the early preparation.
Several brainstorming session has been conducted involving certain individuals
or representatives from the government agencies, private sector, NGO and CBO.
Time and again the drafted document has been amended to satisfy the overall
sector. A ministerial consent has to be acquired before such memorandum is to
be submitted to the central agency and in particular the Cabinet. At various
stages, the essential element of NUP has been incorporated in the OPP
document. The Plan of Action of such
OPP will later get the consent from the Cabinet and other stages of higher
consent.
Policy – Cabinet Approval Process
In more specific explanation, normally, a policy will be
entrusted through legal document. Hence, establishment of several Acts need to
be drafted for enforcement purposes. In a process of making a bill, some
administrative procedures have to be taken into place. After having such draft,
a memorandum to the Cabinet (recommendation paper) will be prepared in line to
the Order No. 1 of the Chief Secretary to the Cabinet 2000 entitled “Guideline for Preparing the Cabinet Paper
and Implementation of the Cabinet Decision” to justify the concerned bill
by including several responses from related ministries and central agencies
such as the Ministry of Finance, Economic Planning Unit, Implementation and
Coordination Units, Attorney’s General Office; etc to get an advisory comment.
The feedback is important to guide the Cabinet before making a decision. This
Bill is prepared before the Parliament session begins, usually in one month
before the session starts. The Bill indicates certain parts of the existing law
to be amended, if it involved amendments. After information is gathered, the
concerned Minister gives approval to forward the memorandum and the drafted
bill at the Cabinet weekly meeting (Wednesday) after getting the clearance from
the Cabinet Secretariat. This secretariat is under the Cabinet, Constitution
and Inter Government Relation Division, Prime Minister Department headed by the
Chief Secretary to the Government who is also the Head of the Government Civil
Service. When Cabinet approved the bill, the decision will be conveyed to the
Ministry and the Ministries concerned. The Ministry concerned proceeds to
obtain a Notice of Presentation on the Bill to the House of Representative and
the Senate for debate and approval in both houses during the Parliament
Session. The bill will be passed by both houses (more 2/3 vote) and will be
submitted to His Majesty the Yang di-Pertuan Agong for the Royal Assent. The
bill becomes law after gazetted. Finally, the decision will be conveyed
administratively to related parties and through several high-level of
government meetings such as State
Executive Meeting; Meeting of Secretary-Generals of Ministries and Heads Of
Services; Meeting of Heads of Federal Departments; Meeting of Chief Executives
of Federal Statutory Bodies; and Meeting of Liaison Committee Between Federal
and State Government.
Conclusion
In sum, public policy in Malaysia is concretely formed after
laborious measures being taken and one way to collaborate is to proceed along
the line with the vision of the country that has already been accepted by the
whole nation and through structurally effective government machinery that has main players (the actors) to formulate
and implement the policy effectively and efficiently.
Bibliography
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(unpublished)
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Pesonal Contribution from:
Azman Mohd. Yusof (Policy Planning and Development Division)
8
September 2001 (Amended)