Indicators are some of the most common tools of governance used nowadays. Indicators are useful for displaying information in a simple, clear, and usually quantitative fashion that is easy to access and process. Indicators such as those of gross domestic product (GDP) and life expectancy are standard measures of a nation's level of development. Yet, as has been observed, the increasing use of indicators in global governance “has not been accompanied by systematic study of and reflection on the implications, possibilities and pitfalls of this practice”.Footnote 1 It is therefore the aim of this paper to contribute to the growing body of work that addresses this very concern.
This paper will endeavour to examine the use of indicators in the regime specific to Southeast Asia, namely that of the Association of Southeast Asian Nations (ASEAN) Statistics Office (ASEANstats). It will do so by first studying this regime: asking how indicators are produced and used within ASEAN, and what impact this indicator regime has. It will then link the study of this indicator regime to the important school of thought known as global administrative law (GAL). It will do so by examining mechanisms to promote accountability, participation, and transparency within the ASEANstats indicator regime, in the light of the doctrines and disciplines of GAL, and use these as tools for suggesting improvements to the ASEANstats indicator regime. Broadly, it will be argued that the ASEANstats regime, as it stands at the moment, falls somewhat short of the standards of accountability and transparency that ordinarily accompany influential indicators of its type. It is suggested that the ASEANstats indicators could be far more credible and influential if effort were made to explicate and make transparent the process by which these indicators are generated, providing channels for reviewing or otherwise holding the indicator regime to account.
Section I will provide a brief introduction to indicators in general, and their role in global governance. Section II will examine indicators published by ASEANstats, and the implications of the various facets of the indicator regime for governance in ASEAN. Section III will analyze the extent to which accountability, participation, and transparency mechanisms are lacking in the ASEANstats indicator regime, and recommend how improvements may be made in line with GAL disciplines. Section IV will conclude.
I. A Brief Explanation of Indicators
The choice and production of an indicator belies certain assumptions and philosophies about the subject matter that the indicator seeks to measure. Indicators “tacitly embody theories about both the appropriate standards against which to measure societies (or institutions) and the appropriate ways in which to measure compliance with those standards”.Footnote 2 Choosing to measure a particular dimension, for example GDP or life expectancy, assumes that this dimension is capable of saying something meaningful about the subject matter that is being assessed; it is a “theoretical claim about the appropriate standards” of evaluation.Footnote 3 Further, the choice of the specific expertise, opinions, and data that goes into producing the indicator, as well as the procedures by which that choice is made, also betrays assumptions about their reliability and veracity. All these choices are also subject to political, economic, or social forces of influence, which then leave their mark in the final indicator produced.
The extent to which raw quantitative data is “processed” to produce a final indicator bears on the number of these assumptions and choices that have to be made. A first-order indicator simply states a numerical figure (e.g. 10 infant deaths); a second-order indicator states a standardized number, a proportion, or percentage (e.g. 10 infant deaths per 1,000 infants); and a third-order indicator states a rank or grade (e.g. country X has a score of 55 out of 100 points for health care).Footnote 4 While comparisons may be carried out on the basis of any of these three orders of indicators, a third-order indicator carries the benefit of displaying more highly simplified or summarized information. Such information is, as it were, “pre-digested” for the reader, and as such is more convenient to process and subsequently use. However, in order to provide such summarized or simplified information, more assumptions or value judgements will generally have to be made in the process of producing the indicator.
Thus, what is perhaps one of the greatest advantages of using indicators may also be its Achilles’ heel. Indicators seek to present information quantitatively, thereby making it easy to comprehend and to reference. However, in simplifying and quantifying information, an indicator tends to neglect the context in which the information was produced; it runs the risk of oversimplifying information and thereby presenting an incomplete picture of the circumstances from which the information derives.Footnote 5 It follows that this risk is highest with a third-order indicator.
For these reasons, any institution or organization using indicators should only do so in an informed manner, being cognizant of the assumptions and context that underlie the indicators. Such awareness would make the use of indicators more effective and meaningful, while at the same time minimizing the attendant risks of oversimplification and losing the true context of evaluation.
Highly relevant to the study of indicators is the school of legal thought known as GAL.Footnote 6 The GAL project is premised on the vast increase in forms of global regulation and administration by all sorts of international or transnational bodies, which may be public and government based institutions or networks, private organizations, or public-private hybrids. These bodies possess vast regulatory power to control all manner of economic, social, or even political activity. In the light of this, GAL seeks to establish doctrines and disciplines by which this regulatory power may be better understood, and thereby checked or controlled. As with domestic administrative law, it seeks to protect international actors (which could be states or institutions or individual human beings operating on the international platform) from the abuse of discretionary administrative power. In essence, GAL seeks to regulate the regulators.
Indicators are common tools of regulation. Through producing indicators, global regulators may guide the behaviour of the actors who are being measured by these indicators, i.e. the targets of the indicators. Indicators have both diagnostic and mobilizing power, which guide the behaviour of actors. In terms of diagnostics, indicators publish quantitative information that points out encouraging or problematic trends: for example, whether a state is performing above or below average with regard to a given standard.
However, although they present quantitative, factual information, indicators also have the power to mobilize, to spur action. Ostensibly, a state that performs poorly and ranks low on a given indicator, may wish to improve its performance, especially where this indicator is produced by a prominent or influential organization, is widely publicized, and the poor ranking thus reflects poorly on the state. The state may then be driven to modify its policies, for example by making them more investor-friendly, in order to achieve the standards in question to a greater degree. For example, an indicator that ranks states according to their levels of achievement of various economic standards, such as the amount of foreign investment that a state attracts, can spur a state to adopt more beneficial economic policies, such as strategies to attract foreign investment.
Indicators are thus, in theory, means of regulating and influencing a state's behaviour through the exercise of either diagnostic or mobilizing power, and are therefore of interest to GAL. Applying principles of GAL to indicators would require regulating the production and use of indicators, and thus their impact on global governance. GAL would aim to ensure that the information reflected in indicators is fair and contextualized, and that the assumptions belying indicators are made known, such that the regulatory impact of indicators is properly managed and not abused.
Before turning to the specifics of the ASEANstats indicator regime, it should be emphasized that it is not suggested that the ASEANstats indicators were designed with the deliberate intention that they would fulfil a regulatory role, or that ASEAN made any such claim. Nonetheless, the fact remains that indicators do have diagnostic and mobilizing power, whether these are explicitly recognized or not. As such, it is important to determine the manner in which such powers are being exercised in the ASEANstats regime so that they will not be misused, but can be directed to constructive ends.
II. The ASEANstats Regime
ASEANstats is the statistical service of the ASEAN Secretariat, the administrative body of ASEAN, which is the regional assembly of ten Southeast Asian nations.Footnote 7 It lists the first two of its main functions as being the “development of regional indicators, data frameworks and systems for monitoring ASEAN Community goals and initiatives”, and the “compilation, consolidation, dissemination and communication of statistical information about ASEAN and its member States”.Footnote 8 ASEANstats is guided by the ASEAN Framework of Cooperation in Statistics (AFCS), which similarly states that the second of its objectives is “to harmonize the definition, classification and measurement of statistics in ASEAN to promote the production of comparable statistics and the development of regional statistical indicators”.Footnote 9
ASEANstats publishes a range of statistical materials, including the “ASEAN Statistical Yearbook”, which is a comprehensive report issued every one or two years setting out various indicators with respect to ASEAN nations. The “ASEAN Statistical Yearbook 2010”Footnote 10 covered the following twelve categories of indicators: population and demography, education and health, labour and employment, macroeconomy, merchandise trade, foreign direct investments (FDI), transport and communication, tourism, agriculture, manufacturing, other social indicators, and a miscellaneous category comprising areas such as energy production. Across these categories, the “ASEAN Statistical Yearbook 2010” covered a total of 221 indicators.Footnote 11 As stated by the Secretary-General of ASEAN, the “ASEAN Statistical Yearbook” provides “comprehensive statistics on the status, trends and developments about the peoples, societies, economies, and the environment of the ASEAN Community”.Footnote 12
Apart from the “ASEAN Statistical Yearbook”, there are several other important statistical publications that ASEANstats produces. The “ASEAN Economic Community Chartbook” is an information booklet that represents a selected number of key economic indicators in graphical form, and the “ASEAN Community in Figures” is a periodic update on these indicators.
It is evident that the “ASEAN Statistical Yearbook” and the various other ASEAN statistical publications, containing such a variety of information on ASEAN Member States and being directed at such a wide audience, as elaborated on below, have great potential to reflect positively or negatively on Member States. It is thus necessary to ask how this information is produced and compiled into the indicators, if this information is effectively regulating the behaviour of target states, and if so what the impact of this regulation is.
A. The Production of Indicators in the ASEANstats Regime
ASEANstats has a variety of avenues by which it makes operational decisions and generates its statistical information, which is then compiled into the various publications described above.
1. Policy direction: AHSOM and ACSS committee meetings
The overall policy direction of ASEANstats is determined through the ASEAN Heads of Statistical Offices Meetings (AHSOM), which in 2011 was renamed the ASEAN Community Statistical System (ACSS) Committee. These are meetings convened approximately once a year to “discuss current and emerging issues and developments towards the development, dissemination and communication of timely, relevant and comparable statistics”.Footnote 13
Unfortunately, the precise role and achievements of this decision-making organ are unclear. It appears, from the joint media statements issued pursuant to these meetings, that the matters discussed in these meetings are often of a rather general nature, and that whatever is decided upon may be quite inconclusive. For example, with regard to the production of indicators, the ACSS Committee, in 2011, simply “recognized the ASEAN Statistical Indicators (ASI) as a statistical framework and a coordination mechanism in the development and harmonization of ASEAN statistics”, and stated that it would “continue to progress in the harmonization of key economic statistics such as those on international merchandise trade, international trade in services, FDI, and manufacturing”.Footnote 14 The statement lacks anything more concrete than this recognition of the importance of the indicators ASEANstats generates, and an extremely ambiguous resolution to “continue to progress”. It says nothing about the material steps that would be taken in pursuit of this progress, or how exactly key economic statistics would be harmonized. Hence, given the lack of detailed minutes or proceedings, it is unclear exactly what goes on in these meetings, and how the rather general and aspirational conclusions set out in the joint media statements are reached. This may be seen as a dearth of transparency, which could be worrying in the light of the fact that the AHSOM or the ACSS Committee is supposed to be the main leadership organ of ASEANstats.
The lack of information about the deliberation and decision-making procedures within the AHSOM or the ACSS Committee may be symptomatic of a broader desire, demonstrated by ASEAN as a whole, to achieve consensus among Member States and avoid open conflict. This is reflected in a mode of decision-making within ASEAN that has been referred to as the “ASEAN Way” (after the official anthem of the regional body). The ASEAN Way, as Davidson has noted, is grounded on achieving consensus, an approach “which relies largely on patient consensus-building to arrive at informal understandings or loose agreements”.Footnote 15 Further, he states that the “ ‘ASEAN Way’ relies to a large extent on the personal approach in contrast to the Western way of dependence on structures and their functions”.Footnote 16 This might be seen as a way in which ASEAN and its Member States deliberately define themselves in contradistinction to the “formal legalism of most Western international institutions”.Footnote 17
In the context of the AHSOM or ACSS Committee, the desire for consensus could be reflected in the general and non-committal language that is used in the joint media statements. The express resolutions possibly represent the “lowest common denominator” of agreement among Member States, for example, if they were unable to agree on language that would demonstrate a stronger degree of commitment on the part of Member States to do a given thing. Further, the spirit of informality militates against using highly precise or exact language, which would create definite obligations on any one party.
It could be argued that a desire to perpetually achieve consensus is likely to hamper true progress on any given issue, and might render the AHSOM or ACSS Committee indecisive and ineffectual. This is a criticism that has been sometimes levelled against the ASEAN model of decision-making,Footnote 18 and which may be true of consensus-based methods of decision-making in general.Footnote 19 When parties are expected to agree, but in reality are unable to do so, decision-making is hampered or may even be stalled entirely.Footnote 20 However, in spite of the possible drawbacks of consensus-based decision-making, it has been asserted that a consensus-based, non-interventionist approach is more characteristic of Asian cultures and therefore resonates better with ASEAN states.Footnote 21 The extent to which such an assertion is true is an intriguing question; however, it is beyond the scope of this paper to take a position on the relative merits of a consensus-based model of decision-making. It is sufficient for present purposes to highlight that some traits of broader ASEAN culture may be observed to operate within the microcosm of the ASEANstats regime.
Nonetheless, putting considerations of ASEAN culture aside, it would be difficult to deny that the joint media statements issued simply lack concrete information on how decisions are made within the AHSOM or ACSS Committee, what exactly is the content of any resolutions reached, and how these factor into broader policy-making within ASEANstats. This in turn opens up these decision-making bodies to the criticism that they act in an opaque and unaccountable manner, an issue discussed in greater detail below.
2. Sources of statistical information
The vast majority of the statistical information used in the ASEANstats indicators is sourced from the various ASEAN Member States: these might be obtained directly through state submissions, or obtained from the publications or websites of the National Statistical Offices (NSOs). A good example of this is found in Table I.1 (Number of Mid Year Population of ASEAN Countries, 1980–2009) and Table I.2 (Population Growth in ASEAN, 1980–2009) of the “ASEAN Statistical Yearbook 2010”.Footnote 22
Statistics are also obtained from other international organizations, such as the United Nations (UN) and the Asian Development Bank (ADB). For example, Table I.5 (Urban Population, 1990–2008) of the “ASEAN Statistical Yearbook 2010” contains statistics from the ADB's “Key Indicators for Asia and the Pacific”Footnote 23 for 2001–2009, the Population Division of the UN Secretariat, and the United Nations Development Programme (UNDP) Human Development Report Footnote 24 for 2004–2009.Footnote 25 This is in addition to statistics submitted by ASEAN Member States and obtained from their NSOs.Footnote 26 Similarly, in Table II.1 (Adult Literacy Rate, 1990–2008), additional statistics are obtained from the UN Statistical Division's Millennium Development Goals (MDG),Footnote 27 2006–2009, as well as the other sources listed in Tables I.1 and I.2 of the “ASEAN Statistical Yearbook 2010”.Footnote 28 Information in a particular area may also be obtained from specialized international organizations: for example, Table III.1 (Unemployment Rate and Labour Force Participation Rate, 2002–2009) and other tables reflecting labour-related statistics contain information from the International Labour Organization's LABORSTA Database.Footnote 29
This practice of obtaining information from international organizations is also reflected in other ASEANstats publications. For example, the “ASEAN Economic Community Chartbook 2011”Footnote 30 and the “ASEAN Community in Figures 2011”Footnote 31 publications draw heavily on the International Monetary Fund (IMF) World Economic Outlook (WEO) Databases of October 2010 and April 2011, respectively, as sources of statistical information.Footnote 32
The inclusion of statistical information sourced from international organizations lends legitimacy to the ASEANstats indicators regime. Of course, the information these organizations obtain also needs to be scrutinized for accuracy and bias. Nonetheless, international institutions such as the ADB, the UN, and the IMF are usually viewed as supplying generally reliable statistics, which many other states or international bodies use. The ASEANstats regime benefits from tapping into this flow of information: the fact that it uses an established source of statistical information increases its legitimacy, or at least the appearance thereof. Of course, the information published by international organizations could possibly have been obtained from the states themselves. Nonetheless, information published by a widely recognized international organization carries some impression of legitimacy, even if that information were not collected first-hand but rather obtained from a third-party source.
The difficulty in using statistics submitted by a state is that such information is open to manipulation by the target states. In fact, there is arguably a real risk of such manipulation occurring. Member States are acutely aware that the publication of these indicators makes this information about them available to the world at large. Any shortcomings on the basis of a given standard will thus reflect poorly on the nation, and may have negative repercussions in terms of attracting foreign investment or foreign aid.
Member States thus have an incentive, and also the opportunity, to manipulate these statistics to make them reflect more positively on themselves than the statistics otherwise would. As Merry succinctly puts it: “Countries, of course, are eager to show themselves in the best light and worry about ranking.”Footnote 33 Such manipulation need not consist of outright inclusion of false data; rather, it could involve using selective or biased measurement techniques, thereby making the figures appear more favourable than they otherwise would. The temptation to manipulate information is fully understandable when the target of an indicator wishes to portray itself in a better light than is actually the case. In fact, such manipulation could even occur inadvertently as a result of subconscious biases affecting the choice of the measurement techniques used. Yet such manipulation presents a real and insidious risk to the legitimacy of indicators.
Even if Member States do not manipulate the information they submit for inclusion in ASEANstats indicators, there is also the possibility that they will withhold information that does not reflect well on them. This is, if anything, more likely to happen than outright doctoring of statistical information. For example, a state might choose not to publish its infant mortality rate, for fear that a high rate reflects badly on its overall health-care and sanitation systems, and the medical support it gives to mothers and infants. Alternatively, it might simply choose not to collect and compile this information, knowing that the outcome of the data-gathering is likely to reflect badly on it anyway. A related risk is that a state fails to disaggregate data by possible and prohibited grounds of discrimination. An apparently sanguine statistic may thus conceal the fact that a minority class within the larger measured class is falling far short of the statistical average that the indicator shows.
Interestingly, given that indicators are often used as a basis for assessing states for the purposes of granting aid, it is conceivable that states could manipulate data in such a way as to present a poorer picture and thereby obtain more aid. This would be a perverse result of using indicators, which could likewise generate misleading indicators.
Of course, there are many other reasons why certain statistical information is unavailable; for example, it might be too difficult or expensive to collect. It cannot be assumed that the lack of information is due to it being deliberately withheld by the state. However, the possibility of this happening is an undesirable but unavoidable consequence of a system that relies on target states to provide the information for indicators, and then implicitly commends or disapproves of their performance.
For the avoidance of doubt, it should be emphasized that this paper is not asserting, in any way, that any such manipulation or withholding of information is occurring with regard to ASEANstats indicators; it is beyond the scope of the paper to determine whether such actions have in fact taken place. Nonetheless, as with all indicators that use information submitted by the targets themselves, this is a plausible risk, and therefore deserves the attention of any parties involved in the generation and use of indicators.
Similar challenges of inaccurate or absent data were faced during the development of the UNDP Human Development Reports, constraining the development of its indicators. In that case, where faced with potentially inaccurate official statistics, the Human Development Report Office, generator of the indicators, adopted alternative data compiled by universities. When confronted with a dearth of data, resort was had to non-official academic estimates.Footnote 34 ASEANstats will have to overcome similar problems if it wishes to expand and develop its indicators further, and the strategies that other generators of indicators have adopted may prove helpful in this regard. If the ASEANstats regime succeeds in overcoming such issues, its indicators will have the potential to be used in many constructive ways. In particular, and as discussed below, the mobilizing power of these indicators can be channelled to spur the development of ASEAN states in respect of the qualities measured in the indicators.
In addition, it is crucial for ASEANstats to ensure that the information it uses is accurate because the legitimacy of the ASEANstats regime is largely reducible to the extent to which the accuracy and reliability of its statistics can be guaranteed. ASEANstats would have to put in place measures to ensure ASEAN Member States adopt information-gathering processes that are sufficiently transparent, as well as statistically sound. For example, it should require the disaggregation of statistics by any possible grounds of discrimination such as gender, ethnicity, or age. Such disaggregation is now standard practice in the compilation of most statistics.Footnote 35 In addition, mechanisms could also be established by which ASEANstats may independently review the reliability of this information, and thereby protect the legitimacy of its regime. At the moment, such measures are lacking. An added benefit of such increased rigour would be to help ASEANstats achieve one of its stated objectives, which is to “promote improvements in the official statistics generated by [ASEAN] member countries”.Footnote 36
In this regard, it is worthwhile considering that one possible reason why ASEAN set up its statistical office and indicator regime was in order to garner greater authority and legitimacy as a regional body representing an aggregation of states. To some extent, obtaining and publishing this sort of information is part of what might be expected of a transnational organization. Many similar statistical projects are undertaken by prominent international organizations such as the UN, the World Bank, or the ADB. In particular, the European Commission, also a regional body representing a group of states, collects and publishes statistics for the region it represents.Footnote 37 Hence, for ASEAN to fill a similar role with respect to Southeast Asian nations may just be something that it would naturally and eventually do as it matures as a regional body. In the light of this, the need for ASEAN to show itself as capable of producing accurate and reliable indicators is all the more pronounced.
B. The Use of Indicators in the ASEANstats Regime
The indicators that ASEANstats produces are targeted at a wide and diverse audience. For example, the “ASEAN Statistical Yearbook”, through its provision of statistics, purports to serve the needs of a wide range of actors in ASEAN society, such as “researchers and academics, government planners and policy and decision makers, the business sectors, the international community, and the peoples of ASEAN”.Footnote 38 Another important group of end-users would be other bodies within ASEAN itself; the third objective in the AFCS states that ASEANstats supports “ASEAN bodies’ regional planning and policy-making through the provision of comparable and timely statistics”.Footnote 39 All these end-users of indicators, and the ways in which they employ the indicators, have the potential to influence the process by which these indicators are generated and the sort of information they contain.
The most significant and influential end-users are naturally going to be those who make the most valuable use of the indicators, or have the ability to control vital interests of the targets. In general, these are likely to be foreign investors, foreign governments, or large multinational corporations and international organizations, whose actions bear heavily on the economic or political interests of entire nations. In the case of ASEANstats, the most important end-users may be other ASEAN bodies that make the most use of the statistics it produces. This will be discussed in the second half of this section in relation to the ASEAN + 3 Macroeconomic Research Office (AMRO).
Unfortunately, this study failed to uncover any significant and express use of the ASEANstats indicators. As will be argued later in this paper, this could be in large part due to fact that the ASEANstats indicators lack widespread recognition as a source of reliable and accurate statistical information, even specifically on Southeast Asian states, ASEANstats’ supposed area of specialty. An alternative or additional explanation could be that much of the information contained in the ASEANstats indicators is already available from other sources such as the Key Indicators for Asia and the Pacific, published by the ADB, or the UN MDG. Thus, these better-known sources might be referenced in preference over the ASEANstats indicators. Nonetheless, it is possible to apply existing theories about the use of indicators to those of the ASEANstats regime, and to draw salient conclusions about how the ASEANstats regime might be improved.
1. The “supply” and “demand” hypotheses
Dutta suggests two approaches to understanding the way in which the end-users of indicators influence the production of indicators, in particular, how they influence the degrees of accuracy and accountability present in the process of generating indicators. These are the “demand” and “supply” hypotheses.Footnote 40 The “demand” hypothesis postulates that end-users motivate change through their demand for more accurate information, or greater accountability or transparency in the production of indicators: “as the stakes of the decisions that depend on governance indicators rise, [end-users’] demands for increased accountability should grow in volume.”Footnote 41 This then influences the production process, and importantly leads to greater accountability or transparency in the process of producing indicators. The “supply” hypothesis, on the other hand, argues that generators of indicators take primary responsibility in initiating change, raising the standards of any information they supply. In order to attract end-users to use their indicators, a generator is naturally driven to supply the sort of information that appeals to end-users, that meets their needs, to “provide those types of accountability that tend to further the task of convincing potential users that its indicator has the marks of accuracy”, thereby fulfilling “heightened levels of transparency and reason-giving” that prove its information to be reliable.Footnote 42 In contrast to the “demand” hypothesis, the “supply” hypothesis predicts that “high levels of accountability result not from demands by users or targets, but from competition by indicators to secure the patronage of users”.Footnote 43
Dutta argues that the “supply” hypothesis is more convincing, with more explanatory power than the “demand” hypothesis, although it is still incomplete because it fails to accord sufficient significance to the roles of reputation and identity.Footnote 44 Reputation makes potential end-users more confident of the reliability of the indicator and saves the generator time in convincing them of the same.Footnote 45 The relationship between identity and participation is ostensibly that where
generators are motivated not primarily by the need to persuade possible users to rely on their indicators, when it is not too costly to bring a class of outsiders into the indicator development process, and when the outsider-generator relationship is marked by a certain level of trust,Footnote 46
then generators of indicators may be more willing to allow for these outsiders to participate in and review the process of generating indicators. This, similarly, leads to greater accountability and accuracy in the indicators.
Looking at the issue of accountability and accuracy from the point of view of the end-user of the indicator—that is from the “demand” side—Dutta predicts that “[w]hen a user is still deciding which indicator to employ, it is likely to be drawn to indicators that appear more accurate, all else being equal”.Footnote 47 This actually lends support for the “supply” hypothesis, for it means that generators will strive to provide accurate indicators in order to capture a larger slice of the market for indicators.
Adopting Dutta's analysis of the “supply” hypothesis, it is helpful for us to consider the significance of this hypothesis in the production of indicators in the ASEANstats regimes. The “supply” hypothesis would predict that the ASEANstats regime, as a generator, seeks to convince potential users that its indicators are accurate, produced through a transparent and accountable process, and are therefore reliable. In the complex global regulatory environment, ASEANstats is competing with various other generators of indicators to provide the best statistical information, and providing more accurate and reliable indicators would give it an edge over other generators.
It would be correct to say that, in the context of ASEAN, the “supply” hypothesis is more persuasive than the “demand” hypothesis. The “supply” hypothesis analysis is particularly relevant to the ASEANstats regime in the light of the fact that it is a relatively poorly known or recognized supplier of indicators. ASEAN as a whole is thought in some circles to lack influence, legitimacy, and authority as a regional body.Footnote 48 If so, then it would be all the more pertinent for ASEANstats to seek legitimacy as a generator of indicators through convincing end-users that it is capable of supplying accurate and reliable indicators, which meet the needs of end-users. This relates to the role of reputation: legitimacy strengthens the reputation of ASEANstats. Conversely, ASEANstats would be reluctant to do anything that might tarnish the reputation of ASEAN as a whole.
However, having said that, ASEAN is probably fairly unique in providing such extensive statistical information solely on Southeast Asian states, in a format whereby these states may be readily compared on the basis of many different social and economic standards. ASEAN is also recognized as the regional representative authority of Southeast Asian states. To this extent, ASEAN therefore does not compete directly with other generators of indicators to provide the same information in the same format, although other generators may provide similar or related information. This dominance in the market for indicators for Southeast Asian states may therefore reduce to a small extent the applicability of the “supply” hypothesis to the ASEANstats regime.
The “demand” hypothesis would be extremely difficult to prove in the current context of the ASEANstats regime: there is no evidence that either targets or end-users of the ASEANstats indicators are driving change in the generation processes of the indicators through making demands for greater accountability or accuracy. This is largely due to the opaque operation of the AHSOM and ACSS Committee, which exists notwithstanding that the content of the ASEANstats indicators deals with subject areas of the utmost importance, namely factors in the healthy political, economic, and social functioning of entire sovereign states. There is a possibility that ASEAN Member States are influential in driving change behind the closed doors of ASEANstats. Yet, without further information on how ASEANstats operates, this would be difficult to prove or disprove.
Hence, the ASEANstats indicator regime, as it exists at present, corroborates Dutta's conclusions that the “supply” hypothesis of accountability is more convincing than the “demand” hypothesis.
2. The AMRO
At this juncture, it is apposite to examine an important organ, related to ASEAN, which probably makes use of the ASEANstats indicators for actual regulation of ASEAN states. Study of this organ's function also raises questions about issues of accountability with ASEAN.
The AMRO was established in Singapore in 2011 by what are known as the ASEAN + 3 nations: that is, the ten ASEAN Member States plus China (including Hong Kong), Japan, and South Korea. It was established as an independent “regional macroeconomic surveillance unit” to monitor and analyze economies in the East Asia region, and “to contribute to early detection of risks, swift implementation of remedial actions and effective decision-making” of the Chiang Mai Initiative Multilateralization (CMIM).Footnote 49
The CMIM is a multilateral currency swap arrangement between the ASEAN + 3 nations, which took effect in 2010. The setting up of the CMIM followed from a series of bilateral currency swap arrangements that East Asian economies began to enter into following the 1997 Asian Economic Crisis to help manage regional liquidity issues. The CMIM multilateralized these currency swap arrangements. The core objectives of the CMIM are “to address balance-of-payments and short-term liquidity difficulties in the region” and “to supplement the existing international financial arrangements”.Footnote 50
Hence, in a time of economic crisis, when one of the ASEAN + 3 nations requests a currency swap, the AMRO is the chief institution that administers and supervises any currency swap agreements that are activated; it ensures that funds are properly disbursed and utilized, and that the terms of the agreements are complied with. However, when there are no immediate economic difficulties or crises, the AMRO's primary task is to assess the economic state of the overall ASEAN + 3 region, as well as individual states within this group, and to prepare quarterly economic surveillance reports on its findings.Footnote 51 These reports are deliberated on through the ASEAN + 3 Economic Review and Policy Dialogue (ERPD) process at the biannual ASEAN + 3 Finance and Central Bank Deputies’ Meeting (AFDM + 3). Naturally, these reports ought to make use of information obtained from ASEANstats indicators, as well as other independently sourced or researched statistics.
However, it is interesting to note that the reports that AMRO produces, as well as the minutes of meetings in the ERPD process are actually not made available to the public.Footnote 52 In the light of this, it is not possible to determine if the ERPD actually makes use of ASEANstats indicators, although it would be only natural for it to do so.
More importantly, however, that nothing is known about the proceedings of the ERPD process raises some concerns about the opaque conditions under which ASEANstats indicators may be used and decisions made concerning economic regulation within the ASEAN + 3 region. This is particularly pertinent given that the AMRO plays a very significant role in the economic life of ASEAN + 3 states: in essence, through regulating the currency swap mechanism, it is making decisions concerning the way in which the foreign exchange reserves of ASEAN + 3 states are spent. Furthermore, the sums invested in the CMIM are substantial.Footnote 53
It is understandable that issues of economic policy might arguably need to be kept confidential and only between interested parties. However, this fails to assuage concerns that the interests of citizens in ASEAN + 3 states may not be inadequately represented, and that the lack of transparency undermines any effective means of holding governments accountable for the way in which they represent their countries within the ASEAN + 3 circle. Hence, greater accountability and transparency are probably quite necessary in the ERPD process.
The opacity in the ERPD process echoes the lack of clarity surrounding the proceedings and resolutions of the AHSOM or the ACSS Committee. Taken together, these are reflective of a broader trend of unaccountability and lack of openness pervading throughout ASEAN, an issue that unfortunately has repeatedly dogged the regional bloc.Footnote 54 Hence, there is a pressing need for ASEAN to address this deficit in transparency and accountability, which is evidently prevalent throughout its various governance organs and structures.
C. The Impact of the ASEANstats Indicator Regime
As mentioned above, indicators are capable of transforming the conduct of targets by motivating them to aim to perform better on the basis of the standards contained in the indicators. Although there is a lack of empirical evidence on the precise impact that ASEANstats indicators have on the actions of ASEAN Member States, it is possible to make some general predictions. The ASEANstats indicators appear to have huge potential to demonstrate the mobilizing power of indicators.
1. Economic and social standards
For a start, there is a vast disparity between the degrees of the economic and social development of various ASEAN Member States. Anyone perusing the ASEANstats indicators will likely be struck by this disparity.
Economically, some ASEAN Member States are considered to be generally prosperous, while others are extremely poor. For example, in 2010, Singapore's gross domestic product (GDP) per capita was US$43,929, and Brunei Darussalam's was US$29,915. In comparison, Cambodia's GDP per capita was only US$731, and Myanmar's was even lower at US$715. The rest of the ASEAN Member States fall between these two extremes.Footnote 55 A large disparity is also seen in the inflow of foreign direct investment into different ASEAN Member States. In 2010, Singapore's FDI inflow was US$35,530 million, Indonesia's was US$13,304 million, and Vietnam's was US$8,000 million. In comparison, Myanmar's was US$450 million, and the Lao PDR's was a mere US$333 million.Footnote 56
On the basis of other socioeconomic standards, the extent of development between ASEAN Member States also differs greatly. For example, in the area of telecommunications, in 2010, Singapore had 700 Internet subscribers or users per 1,000 persons, Malaysia had 553 users per 1,000 persons, and Brunei Darussalam had 500 users per 1,000 persons. In contrast, Cambodia had 12.6 users per 1,000 persons and Myanmar had none.Footnote 57 Similarly, in terms of cellular or mobile phone density, in 2010, Vietnam had 1,752 units per 1,000 persons and Singapore had 1,436.6 units per 1,000 persons; Malaysia, Brunei Darussalam, and Thailand also had more than 1,000 units per 1,000 persons. In contrast, Myanmar only had 12.4 units per 1,000 persons.Footnote 58
Given the huge disparities as outlined above, the simple, mobilizing effect that the ASEANstats indicators might have is to spur the less developed countries within ASEAN to strive more aggressively towards economic and social development, and to thereby close the gaps between them and the more developed states. These indicators demonstrate that certain ASEAN Member States are lagging far behind their counterparts in various areas of economic and social development. In fact, the juxtaposition of their low levels of development against comparatively much higher levels achieved by other Member States makes the former appear all the more inadequate. Given that these indicators are publicly available, the states that do not perform as well on these indicators could fear the negative publicity and reputational damage that could result from the impression these indicators convey. They could therefore be conceivably driven to improve the relevant sectors of their economy or society, so as to perform better in the future. For example, a state that has low FDI might increase its efforts to attract foreign investors through trade agreements or taxation rebates, or a state with poor telecommunication coverage might upgrade its telecommunications systems and extend its reach to a greater proportion of the population. In this way, the ASEANstats indicators may have the effect of driving development within the less developed ASEAN Member States.
Furthermore, these disparities may also have the effect of driving redistribution and aid to the less developed ASEAN nations. This may occur between ASEAN states, or may involve an influx of finances and resources from outside the ASEAN region. In particular, one would expect that these indicators would be powerful in mobilizing the more developed ASEAN states to aid their less developed and more impecunious counterparts within the regional bloc. These indicators, through highlighting this pronounced disparity in standards of development, could presumably appeal to some sense of goodwill or charity, if not some soft obligation to provide aid, on the part of the governments of the wealthier ASEAN states.
At present, it does not appear that ASEAN Member States are intentionally tapping into the mobilizing power of the ASEANstats indicators to spur change. It may be that Member States are steering away from explicitly using the indicators in this manner in order to avoid embarrassing any Member States that fare less well on the indicators. Nonetheless, if ASEAN is conscious of the mobilizing power of indicators and directs its mind towards developing creative means of harnessing this power, the ASEANstats indicators hold much promise of being used for good.
2. Philosophy and ideology
In addition, the ASEANstats indicators may also be doing more for the cause of development than just mobilizing or initiating governmental action. In another sense, the ASEANstats indicators have doctrinal value, they say something about what development means in the context of ASEAN. As mentioned at the beginning of this paper, certain assumptions always underlie indicators: for example, that an indicator measures a given quality or characteristic is itself an assumption that this quality is worth measuring. The indicator is therefore saying that this quality is important. Indicator regimes, such as that established by ASEANstats, often measure various social and economic aspects of a country, and thereby paint a comprehensive picture of what an ideal state should look like. Through measuring qualities such as GDP, or FDI, or health-care standards like infant mortality rate, or telecommunication connectivity, the ASEANstats indicator regime is implicitly saying that these are worth measuring, and are therefore important aspects of a country.
Hence, at a more fundamental, ideological level, and regardless of whether they are meant to or not, the ASEANstats indicators are promulgating a certain conception of the developed Southeast Asian nation; this conception is, broadly speaking, one in which the ideal nation has attained high levels of the various standards measured. These are primarily standards of social and economic development, as demonstrated by the various categories of indicators within the “ASEAN Statistical Yearbook”. This, as mentioned above, comprises indicators on areas such as education, health, labour, telecommunications, macroeconomics, and significant industries, such as agriculture or manufacturing.
It is particularly telling that the ASEANstats indicator regime focuses on various aspects of social and economic development while not addressing civil and political traits that other similar indicator regimes often measure. To this extent, it is decidedly one-sided. For example, the ASEANstats indicators do not measure the extent to which various civil and political freedoms are permitted in ASEAN states, such as the freedoms of speech, assembly, or expression, freedom of religion, or the presence of a free press. Implicitly, therefore, the ASEANstats indicators are declaring that these traits are not as important or essential to an ASEAN state (or at least not as important or essential as the social and economic qualities measured), and are thus left out of its model of development.
The reason for this conspicuous asymmetry in the attention paid to the two different classes of qualities could possibly be traced back to a lack of consensus between the ASEAN states on the civil and political traits a state should embody, or the civil and political freedoms it should allow. The ASEAN model of decision-making has usually been consensual, and Member States would prefer to steer clear of an area in which they are aware that no consensus can be reached. This is coupled with a strong belief in non-interference or non-intervention in the domestic affairs of other ASEAN Member States.Footnote 59
In the light of this model of decision-making, ASEAN states would be quite unlikely to reach consensus on the civil or political traits that should define a nation, given that there is so much diversity in the modes of political governance that dominate in the different ASEAN states. Brunei is a constitutional sultanate, and in practical terms an absolute monarchy, while Cambodia, Malaysia, and Thailand are constitutional monarchies with multiparty democracies under them; Vietnam and the Lao PDR are communist states, while Indonesia, the Philippines, and Singapore are forms of republics premised on representative democracy. Myanmar has at present a fledgling civilian parliamentary government, but has for many years been ruled by its military, which still dominates the local political scene.Footnote 60
In the light of all these differences, it is perhaps unsurprising that the ASEANstats indicators avoid delving into any vaguely political subject area. Any attempt to incorporate the measurement of civil or political standards that lean towards a particular political ideology, into the ASEANstats indicators, would have met with strong disagreement and opposition. Further, such an attempt could be seen as a form of interference in the internal affairs of other states: for example, the measurement of press freedom might have been viewed by the more authoritarian states within ASEAN as advocating a more liberal model of governance. It is not unheard of for such political differences and contestation to suppress the expansion of an indicator,Footnote 61 and this may thus provide a reason for the unexplained, lopsided focus of the ASEANstats indicators.
Aside from the fact that decision-making in ASEAN usually follows a consensus-based model, there may be a further political reason why the ASEANstats indicator regime aims only to measure qualities that ASEAN states can readily agree to measure. The entire statistics and indicator project can be seen as a political tool for unifying the ASEAN states: it provides a cause that this collection of highly diverse nations can rally around and collectively associate with. In fact, it is relatively straightforward and uncomplicated to execute a statistical project. Certainly, a statistical project would be more value-neutral than initiating a project aiming to initiate substantive transformation in a given area of governance within Member States, such as eradicating corruption within government structures. Hence, if we see unifying the efforts of the ASEAN Member States around a common, concrete goal as an aim for the ASEAN statistical project, then it would be only natural for the indicators to incorporate relatively uncontroversial standards that most, if not all, ASEAN Members States can agree ought to be measured. It would be a divisive and counter-productive exercise if ASEANstats were to attempt to measure traits of civil or political society that ASEAN governments might object to on a fundamental, ideological level.
Yet it may be possible to attach great normative significance to this pronounced slant of the ASEANstats indicators. This trend may, in fact, be reflective of a broader attempt on ASEAN's part to define itself against liberal modes of government in the global West, with their emphasis on civil and political rights. ASEAN states, on the whole, tend towards forms of government that would be considered less liberal, or even illiberal, from a Western perspective. Myanmar is an extreme example, having been ruled by a military junta for the past few decades and only now making a slow transition to a democracy. Singapore, although it is formally a parliamentary democracy, has also been often criticized for its authoritarian government, in which a single political party dominates the local political scene. Further, ASEAN has been known to attempt to propagate its own distinctive political ideology. The contentious “Asian Values” system has been widely seen as an example of ASEAN (or more broadly Asian) societies reacting against liberal modes of government through advocating different ideas of what an ideal government should look like.Footnote 62
It may be then, that the ASEANstats indicators can be seen as simply another example of this refusal by ASEAN states to subscribe to a liberal model of governance, where civil and political freedoms are frequently emphasized and given pride of place. While it is beyond the scope of this paper to investigate all the nuances and complexities inherent in these conflicting theories of government, this does not detract from the fact that the ASEANstats indicators may reveal a more general, almost “subconscious” political philosophy held by ASEAN and its Member States. It has been said that the Human Development Index (HDI) of the UNDP was “designed to persuade”.Footnote 63 While the ASEANstats indicator regime was not designed as a clear response to what was deemed to be an inferior method of measurement (in the way that the HDI was designed to replace gross national product (GNP) per capita as a measure of development), it may be that the ASEANstats indicators were intended to incorporate a certain political ideology, and that this is not reflected in the indicators purely by chance.
Hence, having considered all these possibilities, it is perhaps unsurprising that the ASEANstats indicator regime demonstrates a somewhat skewed focus on economic and social development. In any case, its selective emphasis reveals pertinent information about the ideology driving ASEAN as a broader regional, political body. It is beyond the scope of this paper to deal at any length with deeper issues of the theories and ideologies behind ASEAN as a regional body, and the process of regional integration within Southeast Asia. The point to be made here is simply that even a set of indicators may perform a unique function in ideological propagation. Hence, even though indicators are often seen as no more than collections of hard, numerical data, it is important to realize that indicators can have more profound effects than might be apparent at first glance.
III. Accountability, Participation, and Related Practices in the ASEANstats Regime
The foregoing part of this paper has delved, in some detail, into how the ASEANstats indicator regime operates. In particular, it has sought to illustrate, or at least to outline in theory, how these indicators may have a regulatory effect through both their diagnostic and mobilizing functions. Thus, given that the ASEANstats indicator regime is performing some sort of regulatory function on the global or regional level, this next part of the paper seeks to apply the disciplines of GAL to it through asking how this regulatory function may be moderated, supervised, or kept in check.
At the heart of GAL is the implementation of accountability mechanisms, channels for participation, and related procedures that seek to give a voice or some form of representation to marginalized, vulnerable, or neglected interests. Hence, Kingsbury et al. define GAL as “comprising the mechanisms, principles, practices and supporting social understandings that promote or otherwise affect the accountability of global administrative bodies”.Footnote 64 They go on to say that this entails “ensuring that they meet adequate standards of transparency, participation, reasoned decisions, and legality, and … providing effective review of the rules and decisions they make”.Footnote 65 It is no accident that this pioneering definition of GAL centres on the issue of accountability. In this same line, this section will seek to examine the relationship between the ASEANstats indicator regime and GAL, by analyzing the extent to which mechanisms of accountability, transparency, and the like are present or ought to be implemented in the ASEANstats indicator regime.
Concepts such as accountability and participation are complex and misunderstood. As Stewart notes, these are often used as catch-all phrases, or “rhetorical slogans”,Footnote 66 with little attention being paid to what they actually entail. Hence, he writes about these in the broader context of what he calls the “problem of disregard”,Footnote 67 which he defines as “the disregard by global decisional bodies of the interests of affected but marginalized states, groups, and diffuse economic, environmental, and other societal interests”.Footnote 68 With regards to indicators, the problem of disregard manifests itself as the question of how to ensure a proper airing and addressing of the interests of the groups affected by the regulatory effects of indicators—i.e. target states or the individual persons to whom the information in the indicators may be applied to. Stewart sets out three different basic types of governance mechanisms that may be used to correct the problem of disregard: accountability mechanisms, decision rules, and other responsiveness-promoting measures, the last being a residual category that includes practices like transparency, non-decisional participation, and reason-giving.Footnote 69 The following analysis will adopt Stewart's framework categorizing the different responses to the problem of disregard, and use it to briefly discuss each of these types of mechanisms and its applicability to ASEANstats.
A. Accountability
According to Stewart, accountability is often appealed to as some sort of panacea or cure-all, without “careful and sustained analysis of the concept of accountability and its relation to specific governance needs and institutional reform proposals”.Footnote 70 Accountability comprises five distinct types of mechanisms: electoral, fiscal, hierarchical, supervisory, and legal. Stewart explains that an accountability mechanism must meet four basic requirements: a specified accountor (the party held to account), a specified accountee (the party holding to account), authority on the part of the accountee to demand that the accountor render account for his performance, and the ability of the accountee to impose sanctions or to employ remedies to secure performance from the accountor.Footnote 71 This narrow definition of accountability contrasts with wider formulations.Footnote 72 Under this definition, some mechanisms are more broadly “responsiveness-promoting” mechanisms, but not strictly accountability mechanisms.
In the context of the ASEANstats indicator regime, the question of accountability centres on how ASEANstats, as the generator of the indicators, is held accountable to those who experience the regulatory effect of the indicators, namely targets and end-users of the indicators. In this case, the targets are ASEAN Member States; the end-users are private persons or corporations, other organs of ASEAN, and also its Member States; any of these parties might make use of the information contained in the indicators.
There is actually ample opportunity to institute concrete mechanisms of accountability in the context of the ASEANstats indicator regime. This is because the targets of the indicators are, in fact, the ASEAN Member States, which have the power to control ASEAN's various subsidiary bodies, including ASEANstats. This power includes not just mere administrative power, but also the political power to make the decisions that determine how ASEAN is organized, managed, funded, or how it conducts its relationship vis-à-vis its Member States. In other words, the ASEANstats indicator regime exists in a power relationship whereby it is actually considerably vulnerable to the actions and responses of its targets. Within the ASEAN institutional structure, the accountee—the party who could demand accountability—already wields power over the accountor— the party held to account. There are thus many avenues by which articulated accountability mechanisms, particularly of the hierarchical, supervisory, and fiscal sort, might be embedded into the framework of this relationship.
In the case of ASEANstats, since the heads of the statistical offices of the respective ASEAN Member States chair and run the entire ASEANstats operation, the Member States have at least the ability to determine who represents their interests on the ASEANstats platform. This provides the room for some hierarchical accountability, which operates where there is some relationship between a superior and a subordinate. Certainly, Member States exist in a superior-subordinate relationship with their national representatives, who would largely be high-ranking government officials. Thus, there is at least partial hierarchical accountability where national representatives are held accountable for the part that they play in the policy directions and operations of ASEANstats.
Through this structure, there are also opportunities for supervisory accountability, which exists where there is a delegation of authority. Each Member State has delegated to ASEANstats the responsibility of managing the statistical operations of ASEAN. Individual Member States are thus able to hold ASEANstats accountable for the smooth management of any statistical matters pertaining to ASEAN. This is especially salient in the light of the fact that ASEANstats is expected to “coordinate and promote ASEAN positions on statistical issues in relevant international fora”Footnote 73—in other words, to represent ASEAN on the international statistical stage. Individual Member States have also delegated to each of their national representatives the authority to and duty of representing the state's interests. The presence of these national representatives ensures that Member States stay abreast of developments and studies within ASEANstats. Further, the Member States are capable of voicing any displeasures or airing their grievances through their national representatives. These all contribute towards supervisory accountability.
Fiscal accountability is also present to the extent that ASEAN Member States contribute, each in equal proportion, the funds for the running of all ASEAN operations,Footnote 74 and annually approve the budget of ASEAN.Footnote 75 ASEAN Member States are thus able to hold ASEANstats accountable fiscally through determining how much funding ASEANstats (or any other ASEAN body for that matter) receives, and also through withholding funding in response to poor performance. This is, thus, a direct sanction or remedy that is a necessary part of an accountability mechanism.Footnote 76
Hence, we see that there actually exist fairly strong accountability mechanisms by which the targets of the ASEANstats indicator regime, namely the ASEAN Member States, may hold ASEANstats accountable as the generator of the indicators. However, as will be discussed later, these strong accountability mechanisms do not preclude a need for transparency, i.e. a need to make publicly known how they are being exercised. Rather, transparency helps to promote accountability.
Insofar as electoral and legal accountability are concerned, they are somewhat less relevant or necessary in the context of the relationship between ASEANstats and the ASEAN Member States as indicator targets. Electoral accountability is only present indirectly to the extent that domestic electorates hold the national governments of ASEAN Member States responsible for their policy decisions, including those pertaining to ASEAN and ASEANstats. This would of course be absent in a state that does not have a political system organized on the basis of representative democracy. Since the government has some decision-making power with respect to ASEANstats, this electoral accountability extends from private individuals to ASEANstats.
On the whole, however, there is a lack of accountability to external parties other than ASEAN Member States. It would presumably be possible for any party who felt unfairly treated as a consequence of the ASEANstats indicator regime to seek legal redress in the appropriate national courts. However, holding an organization to account requires information about what that organization is or is not doing: this in turn relates to the need for transparency, which is discussed below. Private persons affected by the indicators may also seek greater participation, decisional power, or transparency than traditional legal redress. This brings us, thus, to the next type of measures used to address the problem of disregard.
B. Decisional Rules and Practices
Addressing the problem of disregard through this channel would include changing decisional rules and practices to, for example, include representatives of marginalized or vulnerable groups, or conferring some authority on these groups to have some say in, or influence over, decisions that affect them. As explained above, the Member States of ASEAN are also the ones controlling the decision-making processes of ASEANstats. However, apart from that, little or no room is left within the institutional structure of ASEANstats for any other interest-holders such as other international bodies, corporations, private persons, or any of the other diverse parties that purportedly would rely upon the ASEANstats indicators to have any say in the decisions that feed into the ASEANstats indicator regime.Footnote 77
There may be good reasons for this. As Stewart notes, it is often unfeasible to make the inclusion of disregarded interests a general decision-making rule in global regulatory institutions,Footnote 78 which the ASEANstats indicator regime is in this case. First, this is often because of the reality that founders or members of such institutions are likely to cling tightly to their decision-making powers. Further, there are also legitimate functional reasons, such as a need for specialization and efficiency: with respect to the generation of indicators, it is understandable that keeping operational decisions within a core group of statistical experts acquainted with the relevant material may be prudent and necessary. Last, there is the fact that the institution sometimes ought not to share decisional power because it represents certain interests to which it is accountable for the exercise of this power.Footnote 79 This last reason is particularly salient in the context of ASEAN, which is a regional collective of sovereign states, set up to further the interests of the region, and therefore the interests of each state, and indirectly of the citizens within each state. The government of each Member State is therefore politically accountable to its citizenry for the manner in which it exercises its decisional powers within ASEAN, including those pertaining to ASEANstats and its indicator regime. Arguably, it would be politically inappropriate or even irresponsible for a national government to share these powers too readily or to hold them too lightly.
However, Stewart goes on to note that deliberative conceptions of decision-making may provide a related means for overcoming the problem of disregard. He describes it as “a process of open dialogue”, where participants share their opinions, respectfully consider each other's views, and reason to reach “shared understandings and solutions”.Footnote 80 Ensuring that disregarded interests are given a voice in deliberative processes may redress the “imbalance in the effective power or influence of different social and economic interests in the decisions of global regulatory bodies” that gives rise to the problem of disregard.Footnote 81 Stewart gives, as an example of such deliberative decision-making, certain forms of supranational or transgovernmental regulatory decision-making between European countries. He uses as a case-study the example of a “deliberative consensus-based model of decision making” within the European Union (EU).Footnote 82
This argument is particularly interesting because it may provide a way of seeing the exclusive and almost insular decision-making processes of ASEAN in a more favourable light. As explained above, the ASEAN model of decision-making, known as the “ASEAN Way”, operates on the basis of slowly and patiently building consensus between Member States, while avoiding open disagreement or conflict.Footnote 83 Such a mode of decision-making seems to closely parallel the deliberative decision-making that Stewart writes about. (In fact, he even uses the same word “consensus” to describe decision-making in the EU.) It would help to ensure that all parties to decisions within ASEAN have a chance to properly argue for their interests and express their concerns. Of course, insofar as deliberations are only confined to ASEAN Member States, other stakeholders are still excluded from participation in the decisions made. However, this pre-existing decisional culture means that more inclusive forms of deliberative decision-making could be readily and effectively implemented, simply by bringing other stakeholders, such as end-users of the ASEANstats indicators, into the fold of decision-making. Admittedly, to do so will require achieving a certain level of mutual trust between the existing decision-makers and the external party,Footnote 84 something that it would be worthwhile to invest towards. Great improvements could be brought about so long as the ASEAN Member States are willing to at least hear and consider the views of other stakeholders through modes of deliberative decision-making.
C. Other Responsiveness-Promoting Measures
Stewart suggests at least three types of measures that fall into this category. These are the requirement of transparency, non-decisional participation (such as through submission of comments and the gathering of feedback on proposed decisions or policy changes), and the practice of giving reasons for any decisions made.Footnote 85 These are not strictly accountability mechanisms because they lack the requisite structural features,Footnote 86 and yet are not decision-making rules because they do not extend decision-making power to the interested and vulnerable stakeholders in question.
1. Transparency
Transparency is almost always argued for in conjunction with accountability, and therefore is often regarded as being a necessary element of accountability. In essence, transparency is the public provision of information. However, Stewart does not regard it as being an accountability mechanism because there is no specified accountee when information is released to the public in general, and there is usually no means of securing a legal remedy on the basis of this information. Rather the information is often just provided for the edification of the public. Therefore, Steward regards transparency and the provision of information as “a necessary but not sufficient condition for accountability”.Footnote 87
In the context of ASEANstats, individual ASEAN Member States are capable of obtaining information on ASEANstats through their national representatives at the AHSOM and ACSS Committee. Further, the ASEAN Secretariat keeps tabs on individual ASEAN organs and offices, such as ASEANstats, and is required to report back to the biannual ASEAN Summit on the work of ASEAN in general.Footnote 88 As such, and as explained above, there is probably little difficulty in ASEAN Member States holding ASEANstats to account.
However, notwithstanding the fact that ASEANstats may be accountable to individual ASEAN Member States, what is of greater concern is the lack of transparency towards the public at large, resulting in an inability of the public to hold it to account. The considerable dearth in the information provided to the public about the operations of ASEANstats is a problem that arises in several areas. There is little detailed information on the proceedings or deliberations of the AHSOM or ACSS Committee. In the context of the AMRO, none of the reports it produces nor the proceedings of meetings in the ERPD process are made known to the public. Further, there is in some cases little or no information on the sources of the statistical information used by ASEANstats in compiling its indicators, apart from stating that this was information submitted by individual Member States. This gives rise to the danger of inaccurate or withheld statistics. There should be little doubt that this culture of opacity must change.
Stewart notes that transparency brings about other benefits, even in the absence of accountability mechanisms. For example, providing information to the public can “strengthen the operation of other responsiveness-promoting practices, including market competition, general political mechanisms, and peer, public reputation, and social practices and incentives”.Footnote 89 He notes also that other stakeholders, even if they lack accountability rights, may use the information made public to anticipate policy decisions, and lobby for changes in their favour.Footnote 90
To the extent that ASEANstats and the indicator regime it has generated is a global regulator, it is of the utmost importance that its practices comply with requirements of transparency. It is not difficult to imagine that increased transparency in its practices, for example in the area of data collection and selection, could lead to greater pressures on it to ensure that its practices do meet established standards of accuracy or reliability. This would then mean that end-users are more prepared to rely upon the indicators that ASEANstats supplies, and also that the targets of these indicators are assured that they are fairly and accurately reflected. In general, transparency would lead to greater faith in and dependency on the ASEANstats indicator regime.
A model for transparency that ASEAN, as a whole, could follow is that of the UNDP.Footnote 91 The UNDP has undertaken to ensure that its operations are strongly transparent through unreserved publication of its financial, procurement, and programme information. It has a clear Information Disclosure PolicyFootnote 92 that sets out the types of information that the public has access to, where the public may access this information, the organization's principles of confidentiality, and importantly, a process of appeal and review by which a person denied access to information may submit a further appeal for information to an Oversight Panel. This policy is an unequivocal commitment to ensuring that, as far as possible, the public will be able to know and understand what is going on within this organization, and to use this information to hold it to account if necessary. This is a comprehensive policy of transparency that ASEAN would do well to emulate.
A meticulous or conscientious commitment to transparency, perhaps through the clear institution of mechanisms for information disclosure and promulgation, cannot be a bad thing. It would show ASEANstats to be an open and honest organization, having nothing to hide. The corollary of this would be an inference that the information disclosed is reliable and may be trusted. A deliberate commitment to transparency, therefore, would go a long way towards raising the profile and reputation of ASEANstats as a provider of statistical information. Like accountability, transparency is no magic panacea; however, it has an important methodological value that cannot be neglected.
2. Non-decisional participation
Measures of non-decisional participation are perhaps the easiest for an organization to implement. Some examples of these include providing avenues for other stakeholders to attend meetings and to submit evidence or opinions to decision-making bodies, without having any vote or role in the final decision, or opportunities to be consulted, or to submit feedback that is then considered and acted upon. In essence, these are all measures whereby “outsiders” to an organization are given the opportunity to be heard before “insiders”, and to influence the latter who actually make the decisions.Footnote 93 As with transparency, non-decisional participation may enhance other responsiveness-promoting measures. First, the simple supply of information may lead to different decisional outcomes. Second, the mere provision of an opportunity for participation may spur greater involvement from interest groups who then influence how decisions are made.
In the context of the ASEANstats indicator regime, it would be relatively straightforward to implement various channels whereby interested parties may submit feedback or establish some sort of forum whereby independent experts in the areas of statistics or information gathering are consulted. It is possible that ASEANstats already does quietly invite feedback from independent parties. However, it would be far better if such processes were made public and more open. This study was unable to uncover any indication of widespread gathering of public feedback.
Non-decisional participation has the advantage of not eroding the existing decision-making power of the parties currently in control. It does not require that existing decision-makers cede or share any of their decision-making power with other interested stakeholders. For this reason, implementing measures of non-decisional participation is non-threatening towards existing power-holders. Rather, all that it requires is that existing decision-makers adopt a more receptive or open-minded attitude towards the opinions of other stakeholders. Of course, non-decisional participation has the corresponding shortcoming of being a weaker means of redressing the problem of disregard. Effective implementation of this remedy requires a commitment on the part of decision-makers to consider alternative viewpoints in good faith. It would render this measure meaningless if decision-makers nominally gathered feedback without giving it any serious consideration.
3. Reason-giving
Reason-giving, like a requirement of transparency, is not in and of itself an accountability mechanism. However, as with transparency, requiring a decision-maker to state reasons and justifications for decisions made may allow a party to invoke accountability mechanisms or other remedies on the basis of the reasons given for the decision.Footnote 94 Thus, it is similar to the provision of information under transparency requirements. Yet, it goes further: a practice of reason-giving implies that the reasons given must stand up to some standard of reasonableness or non-arbitrariness. A requirement of reason-giving suggests the possibility that some consequence could follow if the reasons given are not sufficiently cogent, convincing, or credible. This consequence could be a demand for a further and better reason, an appeal to a higher supervisory body or, at the least, some sort of reputational sanction. It is not difficult to understand that the public reputations of decision-makers will inevitably suffer if they issue reasons that are deemed implausible or questionable. In this way, reason-giving more closely resembles accountability mechanisms than it does transparency.
In the context of ASEANstats, reason-giving would serve to shed light on its organizational practices. It would help paint a more unified picture of the direction that ASEANstats seeks to take through its indicator regime, by explaining the various policy choices that are implicit in generating a set of indicators. For example, as mentioned above, the ASEANstats indicators are conspicuously one-sided in their focus on various aspects of economic and social development, while neglecting areas of civil and political development. An explanation for this lopsided focus could be simple: it might just be the case that ASEANstats has chosen to prioritize aspects that are more immediately quantifiable. Yet even a simple explanation such as this would clarify the context and assumptions behind the ASEANstats indicators, and guide end-users in the application of the information they contain.
D. Competing Cost Considerations
The foregoing analysis has cast accountability mechanisms in a largely positive light. Nonetheless, it would be readily apparent that the implementation of accountability mechanisms, channels for participation, and such related procedures often carries other competing costs.
Requiring that decision-makers are held accountable for their actions and putting in place procedures to effect such accountability necessarily adds more steps into any decision-making process. Similarly, increasing participation in decision-making will invariably lead to more time being taken to make decisions, as more parties will have to be consulted and more views taken into consideration. In both cases, there is a time cost: decision-making takes longer, and the efficiency of decision-making is reduced.
In addition, besides time costs, there could be monetary costs associated with putting in place the infrastructure or processes to make such accountability or participation mechanisms possible. Money will invariably be required to establish and enforce rules requiring decision-makers to account for their actions, or to create the channels that will allow more interested parties to participate in decision-making.
In addition, it could conceivably be argued that the requirement of accountability or of giving reasons for decisions will hamper certain sorts of decision-making. Inevitably, some decisions will have to be made under time pressures or where decision-makers have incomplete information. Under such circumstances, decision-makers often base their choices on some degree of intuition rather than careful reflection on all the information needed to make the decision. If decision-makers are required to give completely articulated reasons for their decisions under such circumstances, there is a risk of them second-guessing themselves. This could conceivably lead to less optimal outcomes than would otherwise be obtained. This concern is particularly salient, since perfect information is rarely, if ever, achievable, and correspondingly all decisions suffer, to some extent, from imperfect information.
Similarly, the implementation of greater requirements of transparency could conceivably inhibit open discussion. In certain situations, persons involved in decision-making could be reluctant to speak their mind if they knew that their opinions could be subsequently challenged. Conversely, in an environment of greater transparency, decision-makers could be given to posturing, or even some degree of theatrics, in order to garner attention or to show interest in the decision at hand. This would be particularly so in a political context, where politicians could seek to portray themselves as having a greater personal investment in the decision-making process. In either case, increased reticence or posturing would be counter-productive to the decision-making process.
Hence, it can be seen that these mechanisms are not unqualified goods; they can carry very real costs as well. Ultimately, it may have to be accepted that these cost concerns can never be ameliorated completely. The benefits of implementing mechanisms to promote accountability, participation in decision-making, transparency, and the like will always have to be balanced against the costs of doing so. The exact balance to be struck will vary in the circumstances, depending on the exigencies of the situation, the magnitude of the costs involved, and the resources available.
E. The Future of GAL and the ASEANstats Regime
The foregoing analysis has pointed out many ways in which the ASEANstats indicators regime could be brought into alignment with the demands of GAL. It is possible that greater progress in this regard could well raise the profile of ASEANstats, and therefore the accompanying reach of its indicator regime. ASEANstats has been active for more than a decade and a half. An early compilation of indicators in a publication entitled “ASEAN Statistical Indicators”Footnote 95 was published in 1997. The first AHSOM took place in 2000. However, since these landmarks, ASEANstats has remained fairly insignificant compared to other similar indicator regimes dealing with related subject matters. Usage and uptake of the ASEANstats indicators has been slow.Footnote 96 Admittedly, some other indicator regimes have a longer history, which may factor into their wider influence: for example the 2012 publication of ADB's “Key Indicators for Asia and the Pacific” is the 43rd edition in this series.Footnote 97 Nonetheless, much more can be done to raise the profile of the ASEANstats indicators and to make it more widely used.
This paper would like to suggest that an important way to expand the limited usage of ASEANstats indicators would be to improve its governance practices, such as by instituting some public accountability mechanisms, increasing transparency, and adopting reason-giving practices. It has been repeatedly observed above that the ASEANstats indicator regime is somewhat deficient in these areas, and this weakness may feed into a public impression that the ASEANstats indicator regime is unreliable, thereby reducing its popularity. Therefore, ASEANstats needs to do more to ensure that the statistics it uses are accurate: it needs to incorporate more transparency into the deliberative proceedings of its decision-making bodies such as the ACSS Committee, and it needs to be clearer about the policy choices that factor into what its indicators do or do not measure. It needs to do all these things if it wishes to convince the public, comprising potential end-users such as academics and non-governmental organizations, that it is a reliable, reputable, and authoritative source of statistical information on Southeast Asian nations. While factors such as wider promulgation of publications would make a difference, these would probably not go far in expanding the reach and influence of the ASEANstats indicator regime if it were not trusted to supply accurate statistical information. In addition, the “supply” hypothesis of accountability would mean that the responsibility for initiating such measures rests primarily with ASEANstats itself. It ought not to wait for an outside impetus to drive change; rather, increased accountability and transparency is to come from within. It is sobering to note that the AFCS, the primary guiding document for ASEANstats, while speaking extensively about the need for “statistical cooperation”, says nothing about the need to promote accountability and transparency in its practices.Footnote 98
The ASEANstats indicator regime can and should be brought under the rein of the various disciplines of GAL, which aim to check and control its regulatory effects. At one level, GAL may be seen as merely contributing to systemic efficiency and good functioning, but at a more normatively demanding level, GAL is about the protection of individuals.Footnote 99 For either of these reasons, GAL is desirable: it could introduce practices into ASEANstats that would enhance organizational efficiency; further, it would help ensure that the ASEANstats indicator regime is accountable to the interests of its targets and end-users. GAL, at a fundamental level, demands commitment to a philosophy of governance whereby those wielding the power to govern and to regulate accept that their power ought not to go unchecked and untrammelled. As mentioned above, it is immaterial whether ASEAN decision-makers mean for the ASEANstats indicator regime to perform a global regulatory function. All indicators, in one way or another, have diagnostic and mobilizing powers, and will have a regulatory effect. As such, it is important to understand and manage this effect; the discipline of GAL provides one way of doing so. Hence, GAL is a means of ensuring that the regulatory capabilities of the indicators are not misused, whether intentionally or otherwise.
The implementation of GAL need not, however, come at the expense of eroding those characteristics of ASEAN that make it culturally and politically distinctive, or qualities that enable it to perform its unique role as a regional bloc within Southeast Asia. This paper has made repeated reference to the “ASEAN Way”, which comprises notions of non-interference in the internal affairs of other states and an emphasis on achieving consensus in decision-making. While it is beyond the scope of this paper to examine the relative merits or demerits of this model of governance, there is evidence that such an approach, as contrasted with a highly formalistic and legalistic system, is not necessarily less beneficial. Stewart gives multiple examples of similar models at the global level of consensus-based deliberation and decision-making.Footnote 100
Therefore, this paper is not arguing that consensus-based deliberation is unworkable. Rather, it is arguing that if such a model of regulatory governance is to be adopted, there is a crucial need to ensure that the problem of disregard is adequately overcome through measures that promote accountability, guarantee transparency, and require giving reasons for decisions made. The choice between consensus-based decision-making and rectifying the problem of disregard is not binary: it would be simplistic to assume that the two are mutually exclusive. In fact, if anything, governance within ASEAN would be all the stronger if it successfully combined elements of the “ASEAN Way”, which have relevance and resonance in ASEAN political culture, with measures to guarantee that other interests are sufficiently represented and not marginalized. If it could do so, ASEAN would be gleaning the best of both worlds, as it were. Stewart acknowledges this very point in arguing that consensus-based decision-making might be hybridized with the principles and mechanisms of external accountability, suggesting some practical means of doing so.Footnote 101 It is thus not incredible to assert that it is possible to revamp ASEAN decision-making, such as those processes seen in the ASEANstats indicator regime, in such a way that retains its distinctive character and cultural relevance, while also improving the way it addresses the problem of disregard. Efforts are under way to improve governance and operational practices within ASEANstats;Footnote 102 one can only hope that increasing external accountability and transparency will be among these.
GAL is a vast field, and its implementation is not necessarily easy. Yet this paper has suggested a simple way in which concrete progress may be made on this task. Through bringing the ASEANstats indicator regime into greater alignment with GAL disciplines, ASEAN will demonstrate that it is dedicated to better governance practices and to guaranteeing the welfare of both its Member States and the citizens within these countries. In addition, ASEANstats will undoubtedly better achieve its stated aim of being “an authoritative source of relevant, comparable and timely ASEAN statistics to facilitate knowledge building in a strong, confident and respected ASEAN Community”.Footnote 103
IV. Conclusion
The ASEANstats indicator regime is promising. It holds great potential to become an authoritative and influential source of information on Southeast Asian nations. However, this paper has sought to demonstrate that poor governance practices will hamper its expansion or growth insofar as the public fails to see it as a reliable source of information. While not all factors for growth are within the control of decision-makers within ASEAN, and although this indicator regime is undoubtedly subject to contestation from other similar regimes, there should be no doubt that greater adherence to the disciplines of GAL will improve the quality of the ASEANstats indicator regime as a whole. The exact ways in which these disciplines should be implemented will likely depend on the political forces that govern ASEAN and the resources available for making such changes. Nonetheless, it is to be hoped that the ASEANstats indicator regime will adopt such disciplines, and thereby garner greater legitimacy and influence.
