Back and Next - Back and NextLocal Government Reform and decentralisation in The Gambia Putting the legislative framework and institutional processes into motion (Cont’d)
Tuesday, July 1, 2008
The way forward
On the proposed way forward recommendations were made in the first part of this article published last week.
These touched specifically on certain procedural and structural measures needed as part of the progress towards the institutionalisation of the local government Act 2002 and local government finance and audit Act 2004, and their amended versions.
The accounting policy and manual, multidisciplinary facilitation teams, and the prescribed local government service instruments were some of the examples cited as prescribed and recommended structures and processes that need to be strengthened in ensuring the financial accountability of councils, a judicious transfer of local government competences, an effective decentralised planning and development system, local government financing and local government human resources planning and development.
The continuation below seeks to provide some relevant sectoral and conceptual analysis. Expand a bit more on the transfer of competences, stressing its centrality in the realisation of decentralisation. It presents the need for a decentralisation plan of action, a systematic public and stakeholder engagement programme, a review of the implementation framework as laid out in the texts, implementation issues inherent to the process and a proposal for a decentralisation secretariat.
2.5 Transfer of competences
With the passing of the local government act 2002 and the holding of democratic local government elections in April 2002 some line departments of state whose activities directly relate to the decentralization process had taken action to meet the challenges posed in the act for the transfer of competences to councils.
In a report prepared by Dr. Alieu Gaye in 2003, the Department of Health for example had prepared a policy framework containing important recommendations that should guide decentralization in the local government areas, and had developed a five year strategic plan which among other things draws attention to the need for effective community involvement in the planning and implementation of health programmes in various localities.
The report called for adequate representation of communities in hospital management boards and local public health committees, and seeks to encourage stakeholders (donours local and international agencies, interest groups and the private sector) in the planning and implementation of health services in the country. In another study on the decentralization of educational services by Mr Baboucar Boye, noted the “convergence of views between personnel from the education sector and stakeholders outside the sector on the state of preparedness of the DOSE for decentralization”.
He observed that “given the existing regional structures established by DOSE”, the local government authorities agreed that in terms of preparedness to transfer the delivery of educational services, the presence of the regional education offices with staff compliments put education in a much better position for decentralization”.
The report however called for very careful planning arrangements to enhance the smooth transfer of educational services from the centre to the local authorities. Another activity report on process facilitation of decentralization within the agriculture and natural resources sector, observes that there is “the need for more process facilitation before actual implementation.
Apart from the chairpersons of councils and councillors, all indications are that the staff of technical departments and those of local government feel that it should be preceded by a longer period of sensitization and awareness creation”. The report concludes with a number of recommendations including awareness creation among local institutions including chiefs, alkalos and other local leaders.
It called for the enactment of complimentary legislation (The Finance and Audit Bill) to be hastened. The local government service commission recruitment committee to include representatives from the commissioner’s office and the DOSLG&L. Improve housing and other facilities for staff in rural areas to motivate qualified staff deployment in those areas. To revisit the local government act and address the criteria for chairpersons and councillor selection and provision to be made for the proper supervision of councillors and chairpersons.
Three years after the enactment of the finance and audit act 2004, and five years after the local government act 2002 however, not withstanding the prescriptions on global competences for councils in their territories in economic and social matters, it is still the departments of state that set up the sector based policies which define the levels of allocation of resources and competences.
The elaboration of these sector policies and the allocation of the required competences do not take into account the already granted or acknowledged competences of the councils in the same fields. This is an overlap between the maps of competences in the areas of sector–based policies between the local level and the de-concentrated structures of line departments of state. In health, education and agriculture for instance, the powers of councils are still not acknowledged and they exert little or no influence in the definition of policy in these areas.
2.6 Decentralisation Plan of action
The need for a consolidated plan of action on the implementation of decentralisation in the Gambia is clear. The success for this however will depend on the performance of all its constituent variables. To that should be added the role of the donor community that has played an important part in financing development programmes, as well as significant contributions from development partners, NGO’s CBO’s and private sector.
The action plan should contain agreed actions to be taken by all stake holders aimed at consolidating the structures and build capacity in the system in the years ahead that will ensure that the process takes hold and deliver the expected results. Without the necessary capacity and resources, the process will take much longer to achieve its objectives.
The revenue base of councils is rather narrow and is cause for some council’s inability to generate sufficient resources to meet day-to-day expenditure not to talk of embarking onmeaningful development projects. A plan of action is recommended taking cognisance of what may be achievable in the short and medium term.
The following may constitute the elements of such a plan: Building adequate capacity in central and local government and local community institutions, CSOs and NGOs involved in programmes which strengthen the process of decentralisation. Develop and implement a communication and information strategy that would reach out to the majority of Gambians to inform and bring about attitudinal change. Building an effective coordination and policy making machinery at the department of state for local government, lands and religious affairs.
Building a sound accountable and well managed financial base in the decentralised framework to carry out development and other activities. Establish in all council areas effective planning structures to facilities participatory community development programmes
2.7 Public and stake holder engagement
The observation made in the preceding paragraph about awareness creation among local institutions including chiefs, alkalos and leaders was reinforced in a report prepared by Dr. Siga fatima Jagne in 2003 on a Communications Strategy for decentralised in the Gambia. The report argues convincingly for the need to develop attitudinal change and dialogue, among the citizenry and make all citizens relevant and indispensable partners in the development process of the country.
This strategy will help to obtain clearly defined roles of all the stakeholders, The clear understanding by all actors of the principles and processes of decentralization, The training of key stakeholders in the decentralization process, especially elected officials, The active participation and a change of habit and mind of the populations towards active participation in the democratic processes, which demand new ways of doing things, change the attitude of technocrats to start seeing citizens as partners rather than victims to be helped, help in confidence building between technocrats, elected officials and ordinary citizens for a truly democratic Gambia, build the capacity of civil society organisations and change the ways in which civil society functions more effectively, In another consultancy report on civil society participation in decentralisation, Mr Swaebou Conateh found out that “the question of decentralization was problematic as the term was not well understood or disseminated countrywide though
there was great interest in it and many of those contacted in the course of his study found great potential and possibilities in its full implementation in terms of development and democratization,
The need for a communications strategy has been long argued and is overwhelming and should be embarked upon as a matter of urgency. It has been suggested that a communications unit be created in the Department of state for local government lands and religious affairs with its management and coordination at four (4) levels: national, regional, ward and village.
2.8 national level
At the national level there should be a National Advisory Committee (NAC) or Task Force on communications at the department of state for local government lands anmd religious affairs with membership drawn from: department of state for information and technology,
The Gambia press union, representative from area councils, chairperson Women’s bureau, directorate of local governance, representative from TANGO, Representative from national council for civic education (NCCE), representative from the national youth council, representative from public radio, representative of the network of traditional, communicators, representative of private and public newspapers.
The NAC will function mainly as an advisory body on policy and strategic issues especially on the implementation of the Communications strategy, and additionally be part of an overall advisory body on decentralization that would assist the department of state for local government lands and religious affairs to oversee the process.
2.9 regional level communications units will be focal points for officials within the various councils cub committees of the technical advisory committees (TAC) in the regions, The units will link up with the TAC and MDFT’s in planning, coordinating and implementing activities (inclusive of community radios, video halls etc) for effective information acquisition and dissemination.
2.10 ward Level
sub committees will consist of MDFT and WDC members, these will facilitate implementation activities and provide feedback on key policy issues, achievements, constraints etc and reactions from the general public.
2.11 village level sub committees will consist of VDC and MDFT members. The sub committees will be mainly responsible for implementation arrangements and coordination at the grassroots level
The communications unit at the directorate of local governance will serve as the information, dialogue and documentation centre at national level. .
3.1 Aim of decentralisation
The aim of decentralisation and good local governance is enable citizens in their villages, towns, cities, districts and regions to participate ion the creation of political and economic opportunities. The process allows them access to national resources and expertise and helps to protect the basic principles of local ownership, local control and local accountability over resources and decisions.
For the Gambia it constitutes a key cornerstone of the PRSP strategy to improve service delivery to the poor. It falls in line with government policy in its purpose of building up the capacity of local councils and communities so that they can play a leading role in support of government efforts in poverty alleviation and in the financing and management of local development.
It involves the devolution of appropriate powers, functions and resources from the central government to the local government authorities. It enhances the legitimacy of local government authorities which have now been made more glaring and better defined.
The responsibilities of local government authorities have indeed become important, diversified and complex and they are now perceived as full stakeholders of economic and social development in fulfilling the government mission of continuity, presence and proximity in their areas and they are expected to handle the consolidation of the necessary spatial and institutional environment for the actions of economic operators.
The constitution and existing local government legislations have virtually restructured the public sector through large scale fiscal and functional decentralization. They stipulate that local governments shall be responsible for the provision of education, health, agriculture, forestry, water resources, road maintenance and other basic services to the local communities.
The existing legislative enactments and the overall policy framework indicate that decentralisation is an important strategy for the democratization and modernisation agenda of government. The law however is only a statement of our intentions and its essence lies in the realisation of positive and dynamic indicators linked with its conception and enforcement.
The 1997 constitution states that ‘local contribution to development is an essential component of national development and an important means of achieving good governance’. The report on the last national conference on local government reform which was convened in Basse in 1998 highlights that: - Decentralisation will enhance the social services delivery system through better and more cost effective management practices, Public confidence in local government institutions will be improved due to public involvement in the identification, designing, implementation, monitoring and evaluation of community projects and programmes,
The development orientation of local government organs will be increased by more effective utilisation of community resources for visible development targets or objectives, The role and functions of local government institutions will be clearly defined in a result-orientated framework, increase accountability will be ensured when decision-making processes that involve people at community level in planning and implementation are put in place, professional and result orientated staff with the requisite expertise both technical and administrative will be available to deliver high quality services.
4.1 Implementation framework
With regards to the implementation framework for the processes and procedures above, the local government act 2002 provides for local government areas and structures with central and local government jurisdictions running side by side at three prescribed tiers of local governance: the village, the district, and the region.
In addition to the department of state at the national level with the overall responsibility for the implementation of local government policy, executive councils which direct the affairs of local governance in particular with local development and service delivery at regional and local levels are placed at the regional level, with statutory functions to: exercise all political and, executive powers and functions; provide basic services to local communities, promote on a sound basis for community development and self help, protect the constitution and other laws of The Gambia, and promote democratic governance, and censure implementation and compliance with government Policy.
The wards which also coincide with the electoral units of the local government areas with their ward development committees are placed within the districts and the village development committees are placed at village level. The act prescribes at each level of local governance a central government structure with the responsibility for ensuring the protection of government policy and programmes generally and including those with regards to the formulation and implementation of the decentralisation process.
Village and ward development committees and councils are heterogeneously composed, each with a chairman or mayor the ward chairman is the councillor elected by universal adult suffrage.
The council comprises a representative of the traditional ruler/chief, in the case of KMC, an (Alkalo) who is nominated by the mayor or chairman (not) applicable in the case of Banjul, a nominated representative of the youths, nominated representative of the women, (in cases) where more than 2/3 of the elected members are men, with the approval of the secretary of state for local government.
Appointing members of local bodies by central government authority may be seen as infringing on the principle of self- administration but paradoxically this helps in ensuring a representation of the sociological diversity of the local government area. The measure is meant to ensure at least a minimum representation of the youth, women and the socio-economic forces. Further the law recognises a system of exercise of local competencies, which ensures a large participation of local stakeholders in their diversity.
Except the chairman of the ward development committee who is elected by universal adult suffrage, other members the committee as well as all members of the village development committees are selected by the chairman/mayor of council. .
5.1 Implementation issues
Six years after the enactment of the legislation on decentralization and the establishment of the structural outline described above however, implementation of the process is much slower than anticipated. The councils still do not feel fully the strength of empowerment promised in the Act.
General awareness of the law and the process is low among the population and even among members of the local government system, The transfer to autonomous elected local governments the responsibility for devolved functions and associated authority, power and resources is essential to the process, but central government transfers of finances and sector competences have not been realised yet any where, and councils’ absorptive capacities are deemed too low for increased responsibilities.
In transferring functions under any circumstances, care needs to be taken to ensure that this is not an exercise in “down-loading” responsibilities from the central government to those without the necessary capacity or resources. Even in the urban councils institutional, managerial and technological capacities need great improvement, and the situation is much worse in the rural councils.
Local governance refers to the network of key actors involved in local development in the local government areas. These include: the council (staff, mayors/chairmen and councilors), regional governors, staff of line departments resident in the area, private sector operators in the area, NGOs and community based organizations (CBOs), VDCs and WDCs. A core problem is that presently local governance is not fit for the purpose it is expected to serve given the requirements of the decentralization legislation.
Strong efforts are needed for a great deal of institutional and human resources capacity building in the entire local government system including civil society and NGO partners. Decentralisation is a cross cutting agenda. Section 91 of the local government act 2002 places the responsibility for planning and development of the local government area with the councils but the process presents a nationally endorsed framework for the conduct of the local democracy and local development.
It is inclusive in character, and it is in line with the underlying principles of the new public management (NPM) and public private partnership. (PPP) The act recognises the critical role civil society organisations, NGOs and the private sector can play in the transition process into local democracy as outlined by government.
They are an important complement to the exercise of public policy and depending on their individual agenda they could play a myriad of roles as educators, advocators and service providers. The act has provided the required provisions for the participation of non state actors in the compositions of all decision making and implementation bodies within the framework.
In fulfilment of this they are represented in technical advisory committees (TAC) ward development committees (WDC) village development committees (VDC) and Multidisciplinary Facilitation Teams (MDFTs). In Conateh (2003) cited above it was revealed that some of the CSOs have poor organisational structures and they do not fully understand the role expected of them in the decentralisation process.
6.1 Decentralisation secretariat
The department of state for local government, lands and religious affairs is the principal agency for local government development in the Gambia, it is responsible for the inspection, monitoring and coordination of local government authorities:
In response to the demands of this responsibility, the department had sponsored a number of consultancy studies in the past few years assessing its own capacity and the capacities of councils. Key among the issues and concerns highlighted in all these studies is the lack of adequate capacity and resources for the department to lead the process satisfactorily.
The main issues in this function include the onerous tasks of strengthening the role of central government in the coordination, monitoring, and supervision of local government authorities including governors, chiefs and alkalos, exercising better central government control and direction for wider citizen participation and civil society engagement in the process of poverty alleviation and local development, the mobilization of local, national and international financial, technical and human resources for the effective and efficient conduct of local government in the Gambia, liaise with government and other stakeholders on behalf of the local government sector towards the fulfilment of government’s efforts in civil service reforms, strengthening the role of decentralization in service delivery, poverty alleviation and local development.
Decentralization is a highly desired system of local public governance for any democratic country. Effective and well managed decentralized local government authorities have contributed directly in the economic development processes of countries all over the world including developing countries in Asia and Africa. In many of these countries where it has succeeded local governments are the principal vehicles for poverty alleviation and local economic development.
Most of these countries have dedicated national institutions such as decentralization secretariats, agencies or commissions. Some of the countries even have ministries of decentralization, to guide and facilitate the growth and development of their local government systems. In the Gambia decentralisation is managed through the main stream civil service structure. Successful programs require the direct mobilisation and full participation of the whole range of actors and stakeholders in the process but this civil service structure may be too rigid and generally inconvenient for the effective mobilisation of civil society, NGO and private sector organisations in the implementation of such a large scale reform policy which naturally calls for inclusive, flexible, innovative and creative processes. In the public expenditure review conducted in 2004 it was evident that local government and decentralization initiatives are relatively under-funded and up to now the situation had not gotten any better.
It may be a recommendable idea for government to establish a decentralisation secretariat. This was indeed recommended by Dr Michael O leary an international development consultant who was hired with EC funding two years ago to appraise the proposed EC assistance to local government under EDF9 and the late Tamsir Mbaye who was hired also by EC a year ago to prepare a draft decentralisation policy for the Gambia.
The secretariat could be established on the same principles as other agencies which have been established by government for the purpose of mobilising wider public participation and ownership and it should be administered by a board of directors with membership drawn from central and local government institutions, civil society NGOs and private sector organisations.
It should operate within the purview of the department of state with an appropriate organizational structure and it will be charged with the responsibility for guiding and implementing local policy on decentralisation.
The secretariat will strengthen the role of the department of state on local government development and administration, help to build capacities in councils and the local government system in general and mobilise national and international support in the provision of economic infrastructure and social services in the local communities of the Gambia in the continued fight against poverty and social exclusion. In effect it will enhance the comparative advantage of local government in the revitalization of local economies and the maintenance of the rule of law in the local areas.
Kemo Conteh
Senior Partner
Governance Development and Management Services
On the proposed way forward recommendations were made in the first part of this article published last week.
These touched specifically on certain procedural and structural measures needed as part of the progress towards the institutionalisation of the local government Act 2002 and local government finance and audit Act 2004, and their amended versions.
The accounting policy and manual, multidisciplinary facilitation teams, and the prescribed local government service instruments were some of the examples cited as prescribed and recommended structures and processes that need to be strengthened in ensuring the financial accountability of councils, a judicious transfer of local government competences, an effective decentralised planning and development system, local government financing and local government human resources planning and development.
The continuation below seeks to provide some relevant sectoral and conceptual analysis. Expand a bit more on the transfer of competences, stressing its centrality in the realisation of decentralisation. It presents the need for a decentralisation plan of action, a systematic public and stakeholder engagement programme, a review of the implementation framework as laid out in the texts, implementation issues inherent to the process and a proposal for a decentralisation secretariat.
2.5 Transfer of competences
With the passing of the local government act 2002 and the holding of democratic local government elections in April 2002 some line departments of state whose activities directly relate to the decentralization process had taken action to meet the challenges posed in the act for the transfer of competences to councils.
In a report prepared by Dr. Alieu Gaye in 2003, the Department of Health for example had prepared a policy framework containing important recommendations that should guide decentralization in the local government areas, and had developed a five year strategic plan which among other things draws attention to the need for effective community involvement in the planning and implementation of health programmes in various localities.
The report called for adequate representation of communities in hospital management boards and local public health committees, and seeks to encourage stakeholders (donours local and international agencies, interest groups and the private sector) in the planning and implementation of health services in the country. In another study on the decentralization of educational services by Mr Baboucar Boye, noted the “convergence of views between personnel from the education sector and stakeholders outside the sector on the state of preparedness of the DOSE for decentralization”.
He observed that “given the existing regional structures established by DOSE”, the local government authorities agreed that in terms of preparedness to transfer the delivery of educational services, the presence of the regional education offices with staff compliments put education in a much better position for decentralization”.
The report however called for very careful planning arrangements to enhance the smooth transfer of educational services from the centre to the local authorities. Another activity report on process facilitation of decentralization within the agriculture and natural resources sector, observes that there is “the need for more process facilitation before actual implementation.
Apart from the chairpersons of councils and councillors, all indications are that the staff of technical departments and those of local government feel that it should be preceded by a longer period of sensitization and awareness creation”. The report concludes with a number of recommendations including awareness creation among local institutions including chiefs, alkalos and other local leaders.
It called for the enactment of complimentary legislation (The Finance and Audit Bill) to be hastened. The local government service commission recruitment committee to include representatives from the commissioner’s office and the DOSLG&L. Improve housing and other facilities for staff in rural areas to motivate qualified staff deployment in those areas. To revisit the local government act and address the criteria for chairpersons and councillor selection and provision to be made for the proper supervision of councillors and chairpersons.
Three years after the enactment of the finance and audit act 2004, and five years after the local government act 2002 however, not withstanding the prescriptions on global competences for councils in their territories in economic and social matters, it is still the departments of state that set up the sector based policies which define the levels of allocation of resources and competences.
The elaboration of these sector policies and the allocation of the required competences do not take into account the already granted or acknowledged competences of the councils in the same fields. This is an overlap between the maps of competences in the areas of sector–based policies between the local level and the de-concentrated structures of line departments of state. In health, education and agriculture for instance, the powers of councils are still not acknowledged and they exert little or no influence in the definition of policy in these areas.
2.6 Decentralisation Plan of action
The need for a consolidated plan of action on the implementation of decentralisation in the Gambia is clear. The success for this however will depend on the performance of all its constituent variables. To that should be added the role of the donor community that has played an important part in financing development programmes, as well as significant contributions from development partners, NGO’s CBO’s and private sector.
The action plan should contain agreed actions to be taken by all stake holders aimed at consolidating the structures and build capacity in the system in the years ahead that will ensure that the process takes hold and deliver the expected results. Without the necessary capacity and resources, the process will take much longer to achieve its objectives.
The revenue base of councils is rather narrow and is cause for some council’s inability to generate sufficient resources to meet day-to-day expenditure not to talk of embarking onmeaningful development projects. A plan of action is recommended taking cognisance of what may be achievable in the short and medium term.
The following may constitute the elements of such a plan: Building adequate capacity in central and local government and local community institutions, CSOs and NGOs involved in programmes which strengthen the process of decentralisation. Develop and implement a communication and information strategy that would reach out to the majority of Gambians to inform and bring about attitudinal change. Building an effective coordination and policy making machinery at the department of state for local government, lands and religious affairs.
Building a sound accountable and well managed financial base in the decentralised framework to carry out development and other activities. Establish in all council areas effective planning structures to facilities participatory community development programmes
2.7 Public and stake holder engagement
The observation made in the preceding paragraph about awareness creation among local institutions including chiefs, alkalos and leaders was reinforced in a report prepared by Dr. Siga fatima Jagne in 2003 on a Communications Strategy for decentralised in the Gambia. The report argues convincingly for the need to develop attitudinal change and dialogue, among the citizenry and make all citizens relevant and indispensable partners in the development process of the country.
This strategy will help to obtain clearly defined roles of all the stakeholders, The clear understanding by all actors of the principles and processes of decentralization, The training of key stakeholders in the decentralization process, especially elected officials, The active participation and a change of habit and mind of the populations towards active participation in the democratic processes, which demand new ways of doing things, change the attitude of technocrats to start seeing citizens as partners rather than victims to be helped, help in confidence building between technocrats, elected officials and ordinary citizens for a truly democratic Gambia, build the capacity of civil society organisations and change the ways in which civil society functions more effectively, In another consultancy report on civil society participation in decentralisation, Mr Swaebou Conateh found out that “the question of decentralization was problematic as the term was not well understood or disseminated countrywide though
there was great interest in it and many of those contacted in the course of his study found great potential and possibilities in its full implementation in terms of development and democratization,
The need for a communications strategy has been long argued and is overwhelming and should be embarked upon as a matter of urgency. It has been suggested that a communications unit be created in the Department of state for local government lands and religious affairs with its management and coordination at four (4) levels: national, regional, ward and village.
2.8 national level
At the national level there should be a National Advisory Committee (NAC) or Task Force on communications at the department of state for local government lands anmd religious affairs with membership drawn from: department of state for information and technology,
The Gambia press union, representative from area councils, chairperson Women’s bureau, directorate of local governance, representative from TANGO, Representative from national council for civic education (NCCE), representative from the national youth council, representative from public radio, representative of the network of traditional, communicators, representative of private and public newspapers.
The NAC will function mainly as an advisory body on policy and strategic issues especially on the implementation of the Communications strategy, and additionally be part of an overall advisory body on decentralization that would assist the department of state for local government lands and religious affairs to oversee the process.
2.9 regional level communications units will be focal points for officials within the various councils cub committees of the technical advisory committees (TAC) in the regions, The units will link up with the TAC and MDFT’s in planning, coordinating and implementing activities (inclusive of community radios, video halls etc) for effective information acquisition and dissemination.
2.10 ward Level
sub committees will consist of MDFT and WDC members, these will facilitate implementation activities and provide feedback on key policy issues, achievements, constraints etc and reactions from the general public.
2.11 village level sub committees will consist of VDC and MDFT members. The sub committees will be mainly responsible for implementation arrangements and coordination at the grassroots level
The communications unit at the directorate of local governance will serve as the information, dialogue and documentation centre at national level. .
3.1 Aim of decentralisation
The aim of decentralisation and good local governance is enable citizens in their villages, towns, cities, districts and regions to participate ion the creation of political and economic opportunities. The process allows them access to national resources and expertise and helps to protect the basic principles of local ownership, local control and local accountability over resources and decisions.
For the Gambia it constitutes a key cornerstone of the PRSP strategy to improve service delivery to the poor. It falls in line with government policy in its purpose of building up the capacity of local councils and communities so that they can play a leading role in support of government efforts in poverty alleviation and in the financing and management of local development.
It involves the devolution of appropriate powers, functions and resources from the central government to the local government authorities. It enhances the legitimacy of local government authorities which have now been made more glaring and better defined.
The responsibilities of local government authorities have indeed become important, diversified and complex and they are now perceived as full stakeholders of economic and social development in fulfilling the government mission of continuity, presence and proximity in their areas and they are expected to handle the consolidation of the necessary spatial and institutional environment for the actions of economic operators.
The constitution and existing local government legislations have virtually restructured the public sector through large scale fiscal and functional decentralization. They stipulate that local governments shall be responsible for the provision of education, health, agriculture, forestry, water resources, road maintenance and other basic services to the local communities.
The existing legislative enactments and the overall policy framework indicate that decentralisation is an important strategy for the democratization and modernisation agenda of government. The law however is only a statement of our intentions and its essence lies in the realisation of positive and dynamic indicators linked with its conception and enforcement.
The 1997 constitution states that ‘local contribution to development is an essential component of national development and an important means of achieving good governance’. The report on the last national conference on local government reform which was convened in Basse in 1998 highlights that: - Decentralisation will enhance the social services delivery system through better and more cost effective management practices, Public confidence in local government institutions will be improved due to public involvement in the identification, designing, implementation, monitoring and evaluation of community projects and programmes,
The development orientation of local government organs will be increased by more effective utilisation of community resources for visible development targets or objectives, The role and functions of local government institutions will be clearly defined in a result-orientated framework, increase accountability will be ensured when decision-making processes that involve people at community level in planning and implementation are put in place, professional and result orientated staff with the requisite expertise both technical and administrative will be available to deliver high quality services.
4.1 Implementation framework
With regards to the implementation framework for the processes and procedures above, the local government act 2002 provides for local government areas and structures with central and local government jurisdictions running side by side at three prescribed tiers of local governance: the village, the district, and the region.
In addition to the department of state at the national level with the overall responsibility for the implementation of local government policy, executive councils which direct the affairs of local governance in particular with local development and service delivery at regional and local levels are placed at the regional level, with statutory functions to: exercise all political and, executive powers and functions; provide basic services to local communities, promote on a sound basis for community development and self help, protect the constitution and other laws of The Gambia, and promote democratic governance, and censure implementation and compliance with government Policy.
The wards which also coincide with the electoral units of the local government areas with their ward development committees are placed within the districts and the village development committees are placed at village level. The act prescribes at each level of local governance a central government structure with the responsibility for ensuring the protection of government policy and programmes generally and including those with regards to the formulation and implementation of the decentralisation process.
Village and ward development committees and councils are heterogeneously composed, each with a chairman or mayor the ward chairman is the councillor elected by universal adult suffrage.
The council comprises a representative of the traditional ruler/chief, in the case of KMC, an (Alkalo) who is nominated by the mayor or chairman (not) applicable in the case of Banjul, a nominated representative of the youths, nominated representative of the women, (in cases) where more than 2/3 of the elected members are men, with the approval of the secretary of state for local government.
Appointing members of local bodies by central government authority may be seen as infringing on the principle of self- administration but paradoxically this helps in ensuring a representation of the sociological diversity of the local government area. The measure is meant to ensure at least a minimum representation of the youth, women and the socio-economic forces. Further the law recognises a system of exercise of local competencies, which ensures a large participation of local stakeholders in their diversity.
Except the chairman of the ward development committee who is elected by universal adult suffrage, other members the committee as well as all members of the village development committees are selected by the chairman/mayor of council. .
5.1 Implementation issues
Six years after the enactment of the legislation on decentralization and the establishment of the structural outline described above however, implementation of the process is much slower than anticipated. The councils still do not feel fully the strength of empowerment promised in the Act.
General awareness of the law and the process is low among the population and even among members of the local government system, The transfer to autonomous elected local governments the responsibility for devolved functions and associated authority, power and resources is essential to the process, but central government transfers of finances and sector competences have not been realised yet any where, and councils’ absorptive capacities are deemed too low for increased responsibilities.
In transferring functions under any circumstances, care needs to be taken to ensure that this is not an exercise in “down-loading” responsibilities from the central government to those without the necessary capacity or resources. Even in the urban councils institutional, managerial and technological capacities need great improvement, and the situation is much worse in the rural councils.
Local governance refers to the network of key actors involved in local development in the local government areas. These include: the council (staff, mayors/chairmen and councilors), regional governors, staff of line departments resident in the area, private sector operators in the area, NGOs and community based organizations (CBOs), VDCs and WDCs. A core problem is that presently local governance is not fit for the purpose it is expected to serve given the requirements of the decentralization legislation.
Strong efforts are needed for a great deal of institutional and human resources capacity building in the entire local government system including civil society and NGO partners. Decentralisation is a cross cutting agenda. Section 91 of the local government act 2002 places the responsibility for planning and development of the local government area with the councils but the process presents a nationally endorsed framework for the conduct of the local democracy and local development.
It is inclusive in character, and it is in line with the underlying principles of the new public management (NPM) and public private partnership. (PPP) The act recognises the critical role civil society organisations, NGOs and the private sector can play in the transition process into local democracy as outlined by government.
They are an important complement to the exercise of public policy and depending on their individual agenda they could play a myriad of roles as educators, advocators and service providers. The act has provided the required provisions for the participation of non state actors in the compositions of all decision making and implementation bodies within the framework.
In fulfilment of this they are represented in technical advisory committees (TAC) ward development committees (WDC) village development committees (VDC) and Multidisciplinary Facilitation Teams (MDFTs). In Conateh (2003) cited above it was revealed that some of the CSOs have poor organisational structures and they do not fully understand the role expected of them in the decentralisation process.
6.1 Decentralisation secretariat
The department of state for local government, lands and religious affairs is the principal agency for local government development in the Gambia, it is responsible for the inspection, monitoring and coordination of local government authorities:
In response to the demands of this responsibility, the department had sponsored a number of consultancy studies in the past few years assessing its own capacity and the capacities of councils. Key among the issues and concerns highlighted in all these studies is the lack of adequate capacity and resources for the department to lead the process satisfactorily.
The main issues in this function include the onerous tasks of strengthening the role of central government in the coordination, monitoring, and supervision of local government authorities including governors, chiefs and alkalos, exercising better central government control and direction for wider citizen participation and civil society engagement in the process of poverty alleviation and local development, the mobilization of local, national and international financial, technical and human resources for the effective and efficient conduct of local government in the Gambia, liaise with government and other stakeholders on behalf of the local government sector towards the fulfilment of government’s efforts in civil service reforms, strengthening the role of decentralization in service delivery, poverty alleviation and local development.
Decentralization is a highly desired system of local public governance for any democratic country. Effective and well managed decentralized local government authorities have contributed directly in the economic development processes of countries all over the world including developing countries in Asia and Africa. In many of these countries where it has succeeded local governments are the principal vehicles for poverty alleviation and local economic development.
Most of these countries have dedicated national institutions such as decentralization secretariats, agencies or commissions. Some of the countries even have ministries of decentralization, to guide and facilitate the growth and development of their local government systems. In the Gambia decentralisation is managed through the main stream civil service structure. Successful programs require the direct mobilisation and full participation of the whole range of actors and stakeholders in the process but this civil service structure may be too rigid and generally inconvenient for the effective mobilisation of civil society, NGO and private sector organisations in the implementation of such a large scale reform policy which naturally calls for inclusive, flexible, innovative and creative processes. In the public expenditure review conducted in 2004 it was evident that local government and decentralization initiatives are relatively under-funded and up to now the situation had not gotten any better.
It may be a recommendable idea for government to establish a decentralisation secretariat. This was indeed recommended by Dr Michael O leary an international development consultant who was hired with EC funding two years ago to appraise the proposed EC assistance to local government under EDF9 and the late Tamsir Mbaye who was hired also by EC a year ago to prepare a draft decentralisation policy for the Gambia.
The secretariat could be established on the same principles as other agencies which have been established by government for the purpose of mobilising wider public participation and ownership and it should be administered by a board of directors with membership drawn from central and local government institutions, civil society NGOs and private sector organisations.
It should operate within the purview of the department of state with an appropriate organizational structure and it will be charged with the responsibility for guiding and implementing local policy on decentralisation.
The secretariat will strengthen the role of the department of state on local government development and administration, help to build capacities in councils and the local government system in general and mobilise national and international support in the provision of economic infrastructure and social services in the local communities of the Gambia in the continued fight against poverty and social exclusion. In effect it will enhance the comparative advantage of local government in the revitalization of local economies and the maintenance of the rule of law in the local areas.
Kemo Conteh
Senior Partner
Governance Development and Management Services
Author: DO
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