CAPÍTULO III. LA EXPLOTACIÓN DEL DERECHO A LA PROPIA IMAGEN
2. Concepto y contenido del derecho a la propia imagen
2.2. El contenido del derecho a la propia imagen: la existencia de un derecho a la
A variety of activities is involved in policy implementation that may include issuing and enforcing directives, disbursing funds, signing contracts, collecting data and analysing problems, hiring and assigning personnel, setting committees and commissions, assigning duties and responsibilities and also making interim decisions (Nweke, 2006). The pattern and nature of policy implementation are the major explanation for the failure or success of any given policy. In this vein, Nwankwo (2008) observes that the implementation of a policy is the most vital phase in the policy process as it is at this stage that the success or failure of a policy is determined, but there are critical factors to implementation. When and wherever these factors are missing, there is bound to be an implementation problem. Looking at the Nigerian housing sector and its policies since the colonial period, it suggests that these factors are not well managed or worked into the system and should be addressed. As suggested by Scholars in the study area, highlighted below are the critical factors to policy implementation; communication of policy structure, resources management, disposition/attitude, and administrative Structure.
2.18.1. Communication of Policy Structure
This is an essential ingredient for the effective implementation of public oriented policies. Good communication of policy structure is very important to implementation success. Through communication, policies are understood, and orders for implementation are rightly transmitted to
85 appropriate personnel and organizations in a consistent and accurate form. Inadequate information can lead to a misunderstanding which can mislead and misdirect policy implementation. When implementers misunderstand the rule to implementation, it brings confusion which may lead to failure of policy. Implementation instructions which are not communicated can hinder the desired policy result (Olayiwola et al., 2005).
Communication failure is the problem which widens the gap between intention and result. This is one of the factors affecting the Nigerian housing sector and its policies, policies are made but are not properly communicated for implementation. The widening gap in the area of communication between policy makers and policy implementers is huge in the Nigerian housing sector. Communication between the two most times is vague and inconsistent which in turn creates the loopholes that hinder implementation of housing policies. There should be clear and effective means of communicating policy instructions to fill the vast gap between policy makers and policy implementers for useful results. As suggested by Olayiwola, et al. (2005) who established that when orders to implementation are understood, implementation becomes easy.
2.18.2. Human and Material Resources Management
On the issue of inadequate human resources, the public bureaucracy in Nigeria do not indeed have adequate staff regarding overall numbers, and more importantly regarding specific areas of professional, technical or managerial competence and expertise. This is counterproductive as the capabilities of government bureaucracy regarding expertise and skill determine to a large extent, policy implementation success or failure (Amucheazi, 1980). Where abilities exist, policies could be confidently formulated with reasonable assurance of their practical implementation. Indeed, development policies have in contemporary times assumed complex and sophisticated dimension that require highly skilled and experienced bureaucrats for their effective implementation. It is worthy of note that the inadequacy of personnel, particularly as it relates to expertise and skilled manpower results in part, from the personnel recruitment policies into the Nigerian public bureaucracy which is essentially based on no bureaucratic criteria such as the state of origin or ethnic group against objectively measurable criteria like qualification and professional competence (Amucheazi, 1980).
Even when the implementation orders are accurately communicated, the absence of needed manpower and material resources can result in implementation failure. Resources such as human and material are the engine driving policy implementation. On the issue of inadequate financial
86 resources, for instance, Government sometimes do not budget adequately to enable the public bureaucracy properly implement formulated policies (Ikelegbe, 2006; Dick, 2003). Indeed, to effectively implement policies, the implementing agency needs resources in adequate and timely manner and such not being the case in Nigeria explains, in part, the failure of certain public policies to achieve desirable ends, (Nweke, 2006; Ikelegbe, 1996). Sometimes, though, the government gives out sufficient fund, but the corrupt activities within the public bureaucratic organizations do not allow for its judicious use to effectively execute policy programs. In any case, insufficient financial resources have resulted in situations where laws could not be enforced, services were not provided and reasonable regulation not developed and applied. Lack of sufficient resources to back policies makes it difficult to deliver the policy successfully. Housing policies in Nigeria lack both human and material resources; policies are made but are underfunded with no well-trained personnel to drive implementation. That is one major problem that brings about the failure in implementation of Nigerian housing policies.
2.18.3. Disposition/Attitude of Government Officials
These are other keys to success/hindrance in policy implementation. The way policy implementers exercise their pleasure depends to a large extent on their disposition toward the policy. Where a policy will reduce some given benefits of the implementers, the attitude/disposition will be adversely affected. Tribe and religion are another such influencers of attitude and disposition toward public policies in Nigeria such as housing. Where a fanatic Muslim from the North is heading the implementation of affordable housing policies in favour of the Southern Christians, an implementation may be affected if not completely hindered. The government needs to closely monitor the religious and ethnic barriers which sabotage policy implementations, especially in the housing sectors. The challenge with keeping away personal interest, prejudice and the influence of primordial values in the conduct of official business by civil servants is equally very critical in Nigeria. Makinde (2005), in this respect, contends that the zeal with which bureaucrats in Nigeria implement housing policy depends on how they see the policy as affecting their personal, ethnic and organizational interest and aspirations. Usually, in Nigeria, the political leaders formulate policies and as well control the implementation processes of the policy. This situation is not proper as such control is mostly engineered by religious or political interests. Indeed, the government cannot effectively implement policies which can meaningfully contribute to national development if it is fettered, controlled and directed by political authorities. Implementer’s attitude and dispositions in Nigeria is mostly
87 affected by the differences in the political views and opinions, and where a chosen implementer is from another political camp, sound public policies may be sabotaged just to score cheap political points.
Therefore, if the government can closely monitor policy implementation and also build up the courage to either sanction or punish saboteurs in the system, it will improve trust from the masses and the investors who will see government willingness and implementation sincerity. The Nigerian housing authorities need to re-educate their officials on the necessity to drop religious and sectional sentiments destroying the system; they should initiate a proper strategy to carry along all regions for an improved housing development. Also, the politicians driving the economy should also desist from making policies which benefit a particular region more than others but reflect justice in the development and distribution of scarce and essential commodities such as housing, especially affordable housing for the low-income groups.
2.18.4. Administrative Structure
It is to be noted that even if all of the above is gotten right by the government, it does not guarantee implementation success if the implementation is driven by a weak administrative structure. If there is no efficient bureaucratic structure, the problem of implementation can still arise especially when dealing with complex policies such as affordable public housing for the low-income groups. As observed by Edward (1980) as cited in Ikelegbe (1996) suggested that where there is organizational fragmentation, it may hinder the coordination that is necessary to successfully implement a complex policy especially one that requires the cooperation of many people. Affordable housing policies are such that require the input of all stakeholders to contribute to a better structure which could effectively deliver the required housing stock.
Therefore, lack of reliable structure in Nigerian public housing sector has been a barrier to policy implementation, it is the major contributor of corruption and wastage of the available scarce resources such as finance meant for the implementation of positive housing policies, it is also the main factor bringing confusion that leads most policies working at cross-purpose which at the results to implementation failure. The public bureaucracy in Nigeria does not indeed have adequate staff regarding overall numbers, more importantly regarding specific areas of professional, technical or managerial competence and expertise (Ikelegbe, 1996). Where abilities exist, policies could be confidently formulated with reasonable assurance of their effective implementation. Government need to embark on a programme for improving working conditions
88 of the public bureaucrats as this will help to build their morale, dedication and commitment to implementing policies. Specifically, an improvement in pay packages will go a long way to significantly diminish the corruption tendencies among the public officials in the system.
There is also the need for a conscious effort by government leadership to reduce the extent to which politics infiltrates bureaucratic activities in Nigeria. That will ensure that bureaucrats in authority are allowed to exercise proper control to function freely and apply some basic goals and a good model of governance in their administrative processes and procedures. Also, the culture of discontinuity of policies in cases of changes in government or organizational leadership should be discouraged. That is necessary because even though government comes and goes the public organisations remains and should continue the implementation of existing policies unless fundamental developments render their continued implementation impossible or unnecessary. Furthermore, if every leader who comes into position keeps putting aside good housing programmes which are in place before they assume office, Nigeria will never witness progressive development or growth in the public housing sector, and there will be no end to the housing struggles of the low-income groups especially those in the South-South region where it bites harder.