Part 2

Sale or reform of Insurance Corp?
By D. B. Nihalsingha
Even by the private sector standard of profit, ICSL has fared very well, if not better than private sector enterprises, and consistently so (except for two years). ICSL has shown best results since liberalization in 1977, with the highest profit ever being derived in the teeth of competition. Nevertheless, that fact does not seem to save it from the privatization axe.

State firms fail
Arguments about defective performances of the public enterprise sector are representative of the difficulties that belie this area. A recent IMF paper (no 36 of 2000) allowed that, “it would be difficult or even impossible to get objective measures of public sector quality,” and goes on to say that “It might be easier to evaluate the quality of each of the major institutions that make up the public sector and somehow weigh their importance to the general quality of the public sector. However, given the number of such institutions and the knowledge required to assess them, such an enterprise would also be very costly and not necessarily successful in achieving the desired result.” A number of scholars, Millward, Kohili, Sauliners, Rainey, Vovouras, Curwen and many others agree that, no general ground exists for believing management efficiency is less in public firms. This goes against the grain of IMF and other views which hold otherwise and is evidence that such IMF views are not uncontested.

It is not clear whether ICSL has been subject to any assessment of viability and whether the decision to privatize has evolved out of that evaluation. If the drive for divestiture of ICSL is a remedy for the shortcomings and burdens cast on the government, it still seems to avoid the point of what the burdens are. How and in what way is the ICSL a burden to the state which demands its disposal? ICSL is not subsidized by the government. On the contrary, it has been funding the government through its contributions to state coffers. An examination of the ICSL will reveal that it has adapted to circumstances and adopted business practices, responding to increased competition, warding off competitors, yielding its monopoly position, holding a major portion of the market share. This is despite abuse of the ICSL by various political persons as well as trade unions over the years- a testament to its resilience that it can withstand such abuse and yet survive and deliver a good record of profit. However, because of the abuses, the profit it made is not as much as it could have made had it been free of political interference.

An interesting point has been made by Professor Wettenhall, in Who Owns What in Australian Jr. of Public Administration, 1998, an authority on state enterprises in Australia, by referring to Noonan (1997): “…..the distinctly odd practice of selling off publicly owned assets to ‘the public’. It seems ludicrous to offer me an opportunity to buy what I already own - such would be the case of selling off public property to the public!”

More seriously, he has focused on the trend for “disposal” of state enterprise when the real need is for continual reform, restructure and improvement, while retaining their public purpose. If not, the whole aspect of public purpose that is embedded in state enterprises will be snuffed out. The private sector cannot be expected to carry through the public purposes entrenched in the divested enterprises.

A similar point has been stressed by Dr. Gamini Corea in Privatization of Public Enterprises, Economic Jr., Peoples Bank, 1998. In his view, the question is not so much one of where or how transfers of ownership or even management from the public to private sectors should occur, but how “operational milieu and operational efficiency can be changed for the better.” The challenge is one of making public enterprises “more viable, more resilient, more flexible, and more efficient” without “throwing the baby out with the bathwater.” Corea believes that the decisions to divest state enterprise should not be made “ex cathedra.” Tanzi, (in an IMF staff paper no 36 of 2000), highlighted the need to proceed from the so-called “first generation reforms” of the 1980’s and 1990’s. These dealt mainly with “improvements in policies rather than in institutions… The need now is to improve the quality of the institutions themselves through “second generations reforms.”

The inordinate pressure to dispose/divest state enterprises has arisen out of the British experience as well as from the ground swell created by the World Bank and the IMF through their influence on member governments. An ILO report by Rondinelli, Privatization and Economic Transformation, 1993, has identified the fact that world financial bodies have “pressured government in developing countries to privatize their state owned enterprises as a part of their overall structural adjustment reforms.”

If the ICSL is not a loss making business, is this type of pressure the reason for the disposal of the ICSL?

If ICSL divestiture is a result of world financial institution pressure, Joseph Stiglitz, former Chief Economist of the World Bank and a Nobel Prize winner, summed up the failure of the World Bank/IMF espousal of liberalization and privatization as the only option available for countries, (some times referred to as the Washington Consensus) because it “confused the means with ends: it took privatization and trade liberalization as ends in themselves, rather than as a means to more sustainable, equitable, and democratic growth. It focused on privatization, but paid too little attention to the institutional infrastructure that is required to make markets work.” (Stiglitz, Prebisch Lecture, Geneva 1998).

Under pressure
Divesting the ICSL: to what purpose? While several state enterprises have been divested, most after 1994, past governments have not succumbed to the pressure exerted on it in various forms and have managed to avoid the divestiture of the ICSL on previous occasions. Lalith Athulathmudali, the consummate politician he was, dealt with the pressure to privatize by deftly introducing competition, by setting up a competitive National Insurance Corporation in 1979, despite the government being dedicated to private enterprise. The element of competition was introduced by allowing private sector companies to be agents of the National Insurance Corporation as principal agents, proceeding to greater liberalization by allowing the formation of private issuers. The principal agents then were associated with insurance entities of their own: Ceylinco, Eagle and Union. While this led to an immediate impact on the ICSL business (from which it recovered), with this step he met the pressures of world financial institutions requisite of free market liberalization. Thus, far from ICSL posing a problem to free market, it does service to it by providing that essence of free markets, competition, while investing hugely as one of its biggest investors in that free market institution, the stock market, contributing to capital formation of the country, with some Rs.18 billion in investment by 2001.

Today there are no less than eight insurance businesses competing with the ICSL. Still, and despite this competition, ICSL has a 50% control of the market share, in essence representing a consumer vote for it in a consumer democracy. In 2001, it achieved Rs. 6.3 billion premium income, a growth over the previous year, in the face of stiff and growing competition. ICSL serves over 500,000 life policies, more than any other competitor and issued the highest bonus paid by any insurance entity in the country.

The competitors have not been able to take away the market share of the ICSL despite 23 years of challenge and competition. Indeed one major cause of the failure of ICSL competitors to make much headway could be that they emulated than competed with the ICSL. The Commission on Banking (1992) referred to the insurance scene as one where “ICSL dominates the industry” with the three private sector insurance companies playing a “relatively minor role.” This massive failure on the part of the private sector insurers to win customers away from ICSL is now going to be resolved by government fiat requiring the disposals of it than by the democracy of the consumer vote in patronizing the ICSL. Such a government dictat goes against the very grain of consumer democracy where the consumer decides the survival of a business.

The assets of the ICSL are substantial and itself is an indicator not only of its present health but a pointer to its future. If still better modern management practices and controls are introduced (freeing it from political meddling), the potential the ICSL has for its public purpose as well as the enterprise one is enormous.

Given that the dominant position of the ICSL is because it is able to retain customer presence, albeit at a declining rate, the alternative may be to reform the ICSL than to rush to its disposal.

Such a remedy is the same as any business oriented private sector business will implement when faced with any business challenge. Why such a remedy cannot be applied to the ICSL has not been properly explained to the public, especially because the ICSL is a profitable origination while serving a public purpose.

One of the most significant public purposes which the ICSL performs, is as an investor in the stock market. This role it has performed admirably, boosting this vital institution of business with Rs.18 billion so invested.

It provides low cost insurance in a great variety, some of which have been copied by the private sector competitors, in the process bearing the brunt of motor insurance which the private insurers shied away from and to the promise of which they woke up to only recently.

The presence of the ICSL across the length and breadth of the country, penetrating the rural hinterland via its large agent network is something which private sector competitors could not or did not want to emulate. Privatization would remove this coverage as the private owners would no longer be interested in the public purpose ingrained in the founding enactment.

Global failures
The most damaging aspect of evaluating public enterprises is that they are viewed from a standpoint of condescension, as if the private sector is a better option because that sector does not have the weaknesses of inefficiency, abuse and corruption. What is held out as the better option is not free from taint. In the background of lax accounting practices which hides the true nature of business operations, what is surprising is why it took so long to surface in that haven of private enterprise, the United States. Given that there were numerous state sector failures, losses, inefficiencies and frauds in the state sector, perhaps none can match a sampling of big names who got it bad: Enron, Global Crossing, WorldCom, Martha Stewart, Adelphi, Xerox, Qwest, Arthur Anderson, ImClone Systems, Tyco International, Rite Aid Corp, El Paso Corp, Raytheon Co, Secure Computing Corp, Siebel Systems, Computer Associates and Homestore. Several brokerage firms were under investigation in US and some banks there were slapped with fines for taking illegal deposits.

The recent disclosure of AOL Warner of a US$100 billion loss, the biggest in history of the United States while being only a tip of the massive iceberg, underscores the collapse of company management and public confidence in such management. MSNBC was constrained to describe the situation: “The stench of scandal that has hung over Wall Street and Corporate America this past year lingers like a bad bruise”.

Such experience requires us not to throw the baby out with the bath water but to seek to preserve the essential public purpose with reform in governance. Such reform in governance is indeed required not only in state sector enterprise but also in government as well. David Osborne’s “Re-inventing Government” is an inspirational initiative to bring better governance to government institutions to make them more service oriented. Without clean, corruption free governance, privatization will in any event fail, as will an economy. The surprising factor is that the institutions pressuring the government to privatize do not seem to exert the same pressure on government to reform its governance, to take strong measures to increase and strengthen independent auditing, to ensure adherence to transparent processes while improving the quality of government staffing. This does not exhaust the needs of the state sector. Indeed in as much as a private sector business would reinvent itself in the face of competition and re-structure to meet the challenges of the market, so should the state sector enterprise. Such action is time consuming and needs a special focus which those in power may not be interested in devoting the time and energy to. Still, without such a recourse it will be a tragedy to smother a national institution for no clear reasons. The government needs to justify the need for selling off a publicly owned institution. In this case there is no clear statement of the ‘why’ of it. Before ICSL is sent to the guillotine, let the public hear of the ‘trial’ and the ‘judgment’ which condemned ICSL to that fate.


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