Budget 2001
Private Sectors Expectations
By Diwakar Golchha
Every thing cannot be expected from a
single years budget. Still, budgetary measures play very important role as they
create or destroy investment climate. What the private sector expects from the forthcoming
national budget is corrections on various budgetary and other measures introduced in the
past. The most important are:
Duty drawback procedures: It was
quite abruptly that in last years budget the Finance Minister changed the procedures
for providing facilities under the duty drawback system. This has sent wrong signals to
the domestic and foreign investors. The private sector wants them corrected in the coming
budget.
Reforms suggested by donors : Nepal
has been blindly accepting so-called reform measures suggested by the World Bank. These
very suggestions are made to other developing countries as well. So, they are not
country-specific. While other countries have been going slow on implementing these
suggestions of the World Bank and holding extensive discussions on these matters with the
private sector, banking institutions and academics, before implementation, Nepal has been
implementing them as soon as they are received. If this practice is continued, it is going
to cause tremendous contraction in the economic activities in Nepal. The recent example is
the abrupt change in the Nepal Rastra Banks guidelines for monitoring the commercial
banks. The revised guidelines are very conservative.
Being a landlocked country, Nepals
industrial units frequently face a situation of temporary cash crunch due to transit
bottlenecks. With the new guidelines, such units are always at the risk of being
blacklisted in the banking system. The banks have to make unnecessary provision for loan
losses, thus restricting their operational capabilities. Similarly contractionary is the
guideline about the limit imposed on the banks to invest less than 100 % of their core
capital in manufacturing sector, a sector which includes all sorts of units - from a
cement manufacturer to a bakery. I do not think the combined core capital of entire
banking units in Nepal exceeds Rs. 5000 million, a figure which would not be sufficient
just for setting up a single large scale cement factory. The message, thus, from this
arrangement is that Nepal does not want investment to come, and that it wants a trade
dominated economy, not an industrialized one. Therefore, this is a very important area in
which the private sector wants the coming budget to make necessary corrections.
In addition to the corrections of past
mistakes, the private sector also wants the following new measures to be started with the
coming budget.
Setting up EPZs : The need for
Export Processing Zones (EPZs) has long been realized. This budget should at least make a
start for setting them up. Feasible places for such zones have been already identified.
The budget should formalize them. Similarly, those units located elsewhere, other than
EPZ, but exporting 80% or more of their products should be granted export-oriented
industry status. Such units should be declared customs-free areas and unnecessary strikes,
slowdowns etc. should be banned there. Such arrangements are not new. Many other countries
have these arrangements in place and they are quite happy with the benefits.
Preparation for WTO : Nepal is
heading towards WTO, but I do not see if the government has taken any measure to be
prepared for the situation that is to come as a result of Nepal becoming a member of WTO.
Neither is there any such arrangement in the pipeline. WTO requires massive changes in our
laws, enactment of additional laws and measures to reduce our transaction costs to improve
labor efficiency to protect us from dumping.
( Based on an
interview with Golchha, who is second vice president of FNCCI)
Globalization & Indo-Nepali
Economies
By Dr. Jamshed J Irani
Lately, both India and Nepal have been experiencing the
effects of globalization and the opening up of our respective economies. The emergence of
competitive markets, a movement towards free enterprise, the possibilities of an expansion
of free international trade with a concomitant reduction in taxes as well as the
relatively free movement of capital, are some of the emerging trends. Governments are
becoming increasingly aware that to derive the benefits of a "borderless world",
where the free movement of goods, services, information and people is imminent,
appropriate investments in education, health, roads and other physical and social
infrastructure need to be made.
Yet, in spite of these changes, both in
India and Nepal, a great deal of time and effort is being spent by those associated with
industry and commerce, debating the pros and cons of globalization. This is a very
relevant debate, because there are a great many myths being circulated about what the
process of globalization will or will not do for nations. Not surprisingly, therefore,
debating the issue generates strong emotions, both for and against. On the one hand there
are people who view globalization as a panacea for poor economic growth, for poverty
alleviation and as a means to stimulate rapid industrialization, employment generation and
consequent economic development. On the other, there are those who believe that the ideas
of globalization and of free market economies are being pushed by those who wish to
promote the interests of "western" multinational companies, thereby sacrificing
the interests of under-developed nations. Quite clearly, in a debate where people on
either side are arrayed with such stridently diverse points of view, it is but natural
that many of us would be quite unsure of whether globalization is really the path forward.
I am sure that the priority before the
captains of industry, the political elite, the bureaucrats, civil servants and all those
in a position to alter the fortunes of the country, would be to provide positive stimulus
to the economy so that it could meet the aspirations of the downtrodden people and provide
them the opportunities to work with dignity, and earn a decent wage. You would like that
your economy is efficient, productive and capable of generating wealth for overall
development across all regions of the country. You would also like your country to develop
her natural resources, and use her agricultural lands in an eco-friendly manner, so that
in the quest for economic well-being, you do not harm the environment. On these points
there can be no debate. Nobody would disagree that these are desirable objectives to
pursue, and whether in India or Nepal, these are the goals we would need to strive to
achieve. These are, in fact, the minimum expectations that any nation would have for the
well-being of its people.
To go with those who are opposed to any kind of
change, the easy way out would be to resist globalization. I am aware that there are
people who are vociferous in their denunciation of globalization and have even taken their
fight to the streets: right from those in Bangalore, and Kathmandu, up to the streets of
Seattle. Such people would like us to believe that globalization has made it more
difficult for the poor to eke out their meager living. For a moment if we were to go with
this argument, then nations would have no recourse to the multiplier effect of Global
trade, but would have to remain closed and inward-looking greatly limiting options to grow
and thrive. Throughout history nations have realized this: which is why global trade and
commerce were encouraged even by those rulers, who preferred to otherwise insulate their
countries from civilizations and cultures that were alien to them. For instance, despite
being culturally a closed nation in the 19th century, Japan consciously chose to open up
its frontiers to western trade during the Meiji Restoration. The capacity of an economy to
grow, and become competitive is linked with a conscious endeavor, and a systematic
approach, to integrate it with the sweeping flows of international trade and global
business. There are no better means available to us, as nations, to achieve the objectives
that I listed above. Globalization is therefore an opportunity that is available to
nations across the globe, to better the lot of its people. It has quite correctly been
said that globalization provides a passport, and the possibilities of global integration
with all its attendant benefits.
However, to make it possible for nations
such as ours, to use the opportunities of globalization advantageously, requires some
significant changes in the way we manage ourselves. I am aware that during the four
decades that Nepal had controlled economy, businesses were never encouraged to be
competitive in the global market. Most of Nepals enterprises had limited capacity,
and were operating with low levels of technology. Understandably, they were neither
efficient nor competitive. Therefore, when in the 1990s the country introduced steps
to integrate with the global marketplace, many businesses could not adapt to the needed
changes, because of the suddenness with which the environment they were used to got
altered. Doing business and competing with the world market was a challenge that the
business community had accepted, but they were greatly encumbered in their efforts by the
procedures and practices that were in vogue. When industry sought support from the
regulatory environment, it emerged that many of the laws and rules that governed business,
as well as the working traditions and practices, were still rooted in the past. Besides
organizations had to compete in a global environment without the same facilities and the
infrastructure available to leading global players. In such a situation, it was quite
obvious that industry in Nepal had to run so much faster, just to keep pace with their
competitors from the rest of the world. Likewise, during the initial years of
liberalization, when entry and expansion of capacity were decontrolled, there was a
euphoric reaction, and many industries set up shop: often relying on the traditional
approaches to the management of resources and people. After these initial years of
tribulation, businesses have realized that to meet the challenges of global competition,
they have to systematically, and consciously work their way out of these and other
disadvantages that bedevil developing countries such as India and Nepal.
One of the great tragedies of many developing countries in
this region has been that we have remained inward-looking for far too long and have
thereby attained the vision of the proverbial frogs in the well. Tariffs were erroneously
viewed as the permanent solution to the problem of trade imbalances and rising imports.
Because of this, our nations remained protected and our domestic customers were obliged to
buy the goods and services churned out by our un-competitive organizations. Progressively,
the systems and procedures that should have impelled enterprises into becoming more
efficient and less wasteful grew more sloppy, lethargic and prone to corruption and
mis-governance. There were no incentives to improve or to serve people better. Our
customers had no choice but to accept whatever was being dished out to them. Vested
interests grew around the inefficient and unproductive enterprises. The focus was never on
producing goods and services of world-class quality at affordable prices. Marketing was
never a part of the repertoire of managerial skill aimed at serving customers better.
Instead, tariffs and licenses became the levers that were used to keep domestic
competition under check, thereby encouraging misadministration and inefficiency all of
which ultimately sapped the nation of the strength to build its sinews in preparation for
times of greater competition. It is not as if our entrepreneurs and businessmen were any
less capable than their counterparts anywhere else in the world. I would even go the
extent of suggesting that in many ways our entrepreneurs possess competencies, which make
them capable of excelling in competitive enterprises in any part of the developed world.
So why is it that they have difficulties succeeding in this part of the world? The answer
obviously lies in the fact that we have allowed ourselves to become inefficient,
unproductive and entirely uncompetitive, through the pursuit of misplaced policies and
approaches. The time has now come for making a clarion call to galvanize all those
involved in formulating the principles of progressive enterprise. Encourage domestic
industry to become efficient, productive and world-class. There is no denying that this is
just the time to design policies that take into cognizance some of the benefits offered by
the easy movement of investment capital guided by the need to earn attractive rate of
interest. At the same time sustained growth in the context of globalization will require
changes in the style and content of economic management and that should include a careful
monitoring of the sources and terms of foreign inflow of capital. These and many more
steps need to be introduced to make enterprises capable of being so competitive even
domestically, that they can easily take on anyone else, who might gun for the same base of
customers. Even the agricultural sector, which greatly supports the efforts of industry,
needs to be brought out of its dismal state. The application of sound agro-centric
policies can propel agricultural production, quality and marketing to levels where
agro-exports provide yet another basis for growth and development.
The acceleration of economic growth and the
establishment of industries and organizations, that generate goods and services in a
globally competitive manner, would automatically attract people with the necessary skills
and competencies. In this respect it is critical therefore that simultaneously with the
development of infrastructure due attention is paid to the development of human capital
and the imparting of technical skills and knowledge, required for operations and the
effective management of industries.
As powerful accelerator of
economic growth and development, Foreign Direct investments (FDI) are serving to transform
nations and help them meet their social objectives, which I mentioned earlier. Globally,
Foreign Direct investment has been growing in size and quantum, and has been largely
instrumental in fuelling the process of globalization of South Asian economies. A case
closer home is that of China, where the quantum of the FDI has gone up steadily with
remarkable benefits to their economy. The only way to attract such investments is to
create and articulate opportunities, which point towards the possibility of earning
attractive rates of return. Not only most of the investing agencies view the opportunity
to be an attractive one to make, which surpasses the internal hurdle rate, there must also
be an assurance of political, social and economic stability, so that there is high
probability that the returns would accrue after the investments are completed. The nation
that seeks such investments needs to manage the process of marketing itself, and of using
the investments efficiently and effectively. Besides, there has to be openness,
transparency and integrity in the dealings at all levels. These are the minimum
prerequisites for attracting FDI. Such investments could work wonders for the development
of infrastructure in Nepal, including in the harnessing of abundant water resources, for
the generation of cheap electrical power that can further serve as a shot in the arm for
the economy.
I wish to dispel the fears that some
have expressed, in that globalization is synonymous with exploitations. I am of the view
that it is much easier to exploit those who are economically deprived, rather than those
who are exposed to variety of wealth creation opportunities. Thus real challenge before us
is of making our society free from the ills that emerge from illiteracy, corruption and a
mis-management of resources. We also need to do away with a lack of sensitivity and apathy
towards the needs of all of our citizens. If we keep the well-being of all at the back of
our minds, I am quite confident that the concerns of those who provide for the needs of
others can be addressed and serviced more effectively, and in the shortest possible time.
It may be a fact that today globalization opportunities may be unevenly distributed, with
the more developed nations having better infrastructure, and easier access to resources,
making it easier for them to forge ahead. However, it is now an accepted fact that
globalization also implies global interdependence. This requires all nations to progress
collectively, which is why the world today cannot afford to miss the opportunities of
raising the standards of living and the competitiveness of nations across the world.
To conclude I would like to emphasize that globalization is
an inevitable process that is integrating economies across the globe. There is no way in
which we can resist these positive developments that have the power to reduce poverty,
stimulate growth, and better the lot of all. Despite any misgivings that we might harbor
in our hearts, it is imperative that we do not miss the boat. Just as China and other in
South East Asian countries have demonstrated, it is possible to transform our economies
and make them more market-driven, competitive and capable of attracting Foreign Direct
Investment.
It does however call for large dozes or commitment,
courage, and credibility. Commitment is required to translate the vision of what we wish
to achieve, in our desire to make this nation a powerful global player. Courage is
required to pursue this goal despite the warnings one might receive, or the obstacles one
might encounter on the path forward. And finally, credibility is required to be able to
inspire and lead the nation so that it shuns the ills of corruption, lethargy, and
inefficiency.
(Excerpted from a paper presented by Dr.
Irani, MD of TATA Steel India, at a program held by FNCCI to mark the Industry-Commerce
Day on April 10, 2001)
Legal Roots of
Capitalist Success
By Prof. Amartya Sen
Let me begin with legal development, and
its relation with economic and political development. Legal development must be seen as
important on its own as a part of the development process, and not merely as a means to
the end of other kinds of development, such as economic development. It is extremely
important to get this point fully accepted, since there is a well established tradition in
development studies and policy making to concentrate exclusively on economic expansion.
For example, much harm has been done in the assessment of political development by asking
such misleading questions as: "Does democracy help to facilitate development or
hinder it?" The champions of "Asian values" have tried to make of much
their belief that a negative answer to this question is empirically justified. The fact
is, of course, that there is no convincing empirical evidence at all which indicates that
democracy slows down economic growth (it does not seem to have any clear influence on
economic growth one way or the other), but there is plentiful evidence that democracy does
strengthen social security and the prevention of economic disasters. But more
fundamentally, the question is wrongly posed, since it tends to overlook the fact that
democracy is a constitutive part of the process of development itself. The case for
democracy does not have to be indirectly established through its contribution to economic
or some other kind of development. The same applies to legal development. The conceptual
integrity of development requires that we value the emergence and consolidation of a
successful legal and judicial system as a valuable part of the process of development
itself, not just for the way it may aid economic or political or some other kind of
development.
It is important to be careful here
in recognizing that the basic significance of legal development does not require us to
abstain from considering the causal interdependence between legal and other kinds of
development. In particular, it does not require us to abstract from the causal
interconnections that suggest that legal or judicial reform may be easier to organize once
the process of economic or political development has proceeded some distance. In the
context of Latin America, Maria Dakolias makes precisely this point in asking for speedier
progress of legal change at this time. She provides evidence to argue in this line and
concludes: "The Latin American region today is politically, economically and socially
better suited for judicial reform than it was in the 1960s and 1970s. There is greater
economic stability in the region, which has allowed these countries to begin second
generation reforms" The feasibility, effectiveness and speed of legal and
judicial reform may well be influenced by political, economic or social circumstances, and
it is possible to take intelligent note of that causal interconnection without denying the
constitutive importance of legal development as a part of the process of development. The
need to take note of causal connections is not overridden by the basic importance of any
component of the development process. Indeed, any rational program of enhancing
development must pay attention, simultaneously, to both.
The causal connections are
also important in assessing the contribution of legal development to other types of
development. It is hard to understand the history of economic change, for example the rise
of capitalism as an economic system, without acknowledging the role of non-economic
influences, among which legal changes figure prominently. Let me pause here a bit to
recollect how capitalism came into being and became such a successful system. Capitalism
did not emerge until the evolution of law and order and the legal and practical acceptance
of property rights had made an ownership-based economy feasible and operational. The
efficiency of exchange could not work until contracts could be freely made and effectively
enforced, through legal as well as behavioral reforms. Economic expansions are hard to
plan without the needed trust in each others plans and announcements and the
required confidence that agreed arrangements can be relied upon. Investment in productive
business could not flourish until higher rewards from corruption has been moderated, and
in this too, legal and behavioral changes played their part. The financing of businesses
could not run smoothly until credit institutions had developed, and borrowers were
standardly inclined to repay loans, rather than absconding away. Similarly, labor
productivity demanded educational arrangements, often arranged by the state; the powerful
forces of learning by doing and on-the-job training had to build on the base of
institutional education provided by schools and colleges, often run by the state or the
local authorities. In these developments too, legal reforms that gave citizens the right
to free public education and forced them to accept the duty of sending their children to
school played a critical part, as elementary education became both a legal entitlement and
a legal obligation of the parents.
It is not hard to point to many other ways
in which legal change has facilitated the expansion of Western capitalism. Those early
foundations of economic development called for legal and other developments of specific
kinds, and these demands have expanded over the years as the early forms of capitalism
have given way to reformed arrangements involving social security, unemployment
compensation, public health care, and other constituent parts of contemporary western
economies.
Development Process and Legal
Reform
Similar diagnoses can be
made about the process of economic development elsewhere in the world, even though the
balance of concentration has sometimes varied over the regions. For example, land reform,
according to all evidence (including the World Banks research in this field), played
an unusually crucial part in the high growth rates and shared economic expansion in East
and South-east Asia, from Japan, Korea and Taiwan all the way to the very dissimilar
economies of China and Thailand.
The development of education has played a
momentous part in Asian economic expansion. This is, of course, spectacularly so for
Japan, where the educational priorities and the rights of citizens and residents against
the local authorities to provide school education assumed a leading role in the initiation
of rapid economic expansion. For example, between 1906 and 1911, education consumed as
much as 43 per cent of the budgets of the towns and villages, for Japan as a whole. In
this period in Japan, the progress of elementary education in particular was most rapid,
and the recruiting army officers noted the remarkable fact that while in 1893 one third of
the army recruits were illiterate, already by 1906 there was hardly anyone who was not
literate. By 1913, though Japan was economically still quite underdeveloped and very poor,
it had become one of the largest producers of books in the world publishing more books
than Britain and indeed more than twice as many books as the United States. To a great
extent the fast economic expansion of East and South-east Asia has drawn on the lessons of
these experiences, particularly through the arrangements associated with the enhancement
of human resources and skill. These developments were at once social (they deal
with education and other social opportunities) and economic (they influenced
economic performance), as well as legal (they were associated with creating a
pattern of rights and duties which influenced the lives of citizen).
Another interesting
area, which has come into prominence very recently, is Indias sudden and rapid
success in the development of computer software (India has become the second largest
software producer in the world, behind only the United States). This process has been
facilitated not only by the earlier expansion of technical education in India, but also by
the comparatively flexible legal arrangements that govern these businesses compared with
the much more rigid regulations that apply to more traditional commerce and industrial
production, in which progress has been much slower.
(Excerpted from Prof. Sens
lecture on "What is the role of legal and judicial reform in the development
process?" The copy was provided by Focal Point for Financial Sector Reforms,
Corporate and Financial Governance Project, Ministry of Finance, HMG) |