Local Government Reform and decentralisation in the Gambia Putting the legislative framework and institutional processes into motion

The way forward continued:

On the proposed way forward suggestions were made in the first part of this article published two weeks ago (Friday 27th June).

These touched specifically on selected procedural and structural measures needed now 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 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. In an attempt to shed a more light on the transfer of competences and to draw attention to its centrality in the conduct of our decentralisation process, this has been highlighted again in the present continuation.

The need for the adoption of a decentralisation secretariat as suggested in two major consultancy reports separately in 2006 and 2007 and including recommended principles to be observed in the draft guidelines for a proposed policy and plan of action for decentralisation in The Gambia was raised. And the adoption of recommendations that were already validated in 2003 with regards to the establishment of a communication strategy is suggested. This continuation is also interspersed with limited policy and sector highlights and analysis by way of an attempt to draw attention and inspire reflection on the related discussion issues.

2.5.1   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 began to initiate actions (some times with   cautious) but positive self assessments in sharpening their state of preparedness for meeting the challenges posed in the Act for the transfer of local government competences to councils. In terms of real achievements in this as at 2008, it must be noted that not much has taken place yet.

According to 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 drew attention to the need for effective community involvement in the planning and implementation of health programmes in various localities. The report sought to encourage stakeholders (donors local and international agencies, interest groups and the private sector) in the planning and implementation of health services in the country.

Another study in 2003 on the decentralization of educational services by Mr Baboucar Boye (Permanent Secretary) - noted the "convergence of views between personnel from the education sector and stakeholders outside on the state of preparedness for decentralization".

He observed that "given the existing regional structures established by his department, 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 report on the decentralisation of agriculture and natural resources, prepared by Messrs Omar Sonko and Mamour Jagne, (consultants) observed the need for more awareness creation in the sector before actual implementation of decentralisation.

The report noted that apart from the chairpersons of councils and councillors, all indications were that the staff of technical departments and those of local governments felt the process should have been preceded with a longer period of sensitization and awareness creation". The report concluded with a number of recommendations including more advocacies among local institutions including chiefs, alkalos and other local leaders. It called for improved housing and other facilities for staff in rural areas to motivate qualified staff deployment in those areas.  

It is still the departments of state that set up sector based policies which define the levels of allocation of resources and competences

Four years after the enactment of the finance and audit act 2004, and six years after the local government act 2002, 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 have not been taking into account the already granted or acknowledged competences of the councils. This is certainly an overlap between the maps of competences in 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 still do not seem to be acknowledged by the departments of state and they exert little or no influence in the definition of policy in the sectors.  

2.6.1   Decentralisation policy and plan of action

For the Gambia, decentralisation 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 capacities 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 appropriate levels of local government control. It enhances the legitimacy and functionality of local government authorities which have now been made more glaring and better defined, with responsibilities which have made them more important, diversified and complex. In the texts the councils are perceived as full stakeholders in economic and social development.

They are expected to fulfil 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.

Decentralization as in empowering local communities and localising the delivery of basic services to citizens is a highly embraced concept in Europe and America. In many African, Asian and Latin American countries however, it has been pursued only with varying degrees of success.

Its appeal as a public policy agenda in post independent countries lies in the promise it holds for reform and the introduction of a new system of governance that focuses on those sections of the populations that tend to be by-passed in decision making processes. In the Gambia, the constitutional provisions form the basis of government policy and the existing legislative enactments on local government.

These have given rise to laws which are premised on basic principles which highlight the need for actions in five main thematic areas that need to be put into consideration as the basis of a consolidated plan of action: (1) Building adequate capacity in both central and local government institutions involved in the decentralization process to move the process forward. (2) Developing and implementing a communication and information strategy that would reach out to the majority of Gambians (3) Building an effective coordination and monitoring machinery at the department of state for local government, lands and religious affairs. (4) Building a sound, accountable and well managed financial base in the councils and local communities. (5) Establishing in all council areas, effective council planning structures to facilitate participatory planning and development.

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 success of this Plan of Action can only depend on the performance of all its constituent variables, including the crucial role of the donor community, NGOs, civil society, private sector organisations and other interested stakeholders. The policy and plan of action should contain a common vision and agreed actions to be undertaken by all stakeholders. It should aim at consolidating the structures and the of building capacities in the system in the years ahead that will ensure that decentralisation takes hold and delivers the expected results.

2.7.1   Public and stake holder engagement

The observation made in the earlier chapters about awareness creation among local institutions and local leaders was reinforced in a report prepared by Dr. Siga fatima Jagne in 2003 on a communications strategy for decentralisation in the Gambia. The report argues for the need to develop attitudinal change and dialogue among the citizenry, making all citizens relevant and indispensable partners in the development process. It called for a strategy that should seek to obtain clear roles for all the stakeholders, ensure clear understanding of the principles of decentralisation especially for elected officials and the active participation of the populations in general.

In another consultancy report on civil society participation in decentralisation in The Gambia, Swaebou Conateh (2003) found that "the question of decentralization was problematic as the term was not well understood or disseminated countrywide. He noted though that there was great interest in it and many of those he contacted found great potential and possibilities in its full implementation in terms of the development and democratization process of the country. This report also stressed the need for a communication strategy and advised for its implementation as a matter of urgency.  Dr Jagne suggested that a Communications Unit and a Task Force need to be created in the Department of state for local government lands and religious affairs with management and coordination of the Task Force at four (4) levels: national, regional, ward and village.

2.7.2  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 and religious affairs. There should be a communication unit at the directorate of local governance under the NAC which should serve as the information dialogue and communication centre.

The membership of the NAC should be drawn from the: department of state for information and technology, The Gambia press union, representative from area councils, chairperson women’s bureau, representative from TANGO, representative from national council for civic education (NCCE), representative from the national youth council, representative from public radio, representative 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.

2.7.3   regional level

A communications unit should be established in councils as focal points 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.

2.7.4  ward Level

sub committees should consist of MDFT and WDC members, these should facilitate implementation activities and provide feedback on key policy issues, achievements, constraints etc and reactions from the general public.

2.7.5  village level

Sub-committees should consist of VDC and MDFT members. The sub committees should be mainly responsible for implementation arrangements and coordination at the grassroots level

2.8.1 Implementation issues

At around 7% the current rate at which The Gambian economy is growing is impressive, compared to many countries in Africa.

For the benefits of economic growth to continue reaching the poorest people at the grass roots on a sustainable basis, councils and other local institutions and associations which have to convey the new opportunities must be empowered legally and strengthened with the required financial and human resources. Six years after the enactment of the legislation on decentralization and the establishment of the structural outline as described in the chapter below, implementation of the process is much slower than anticipated.

The councils still do not feel the full strength of empowerment promised in the Acts. 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 the transfers of finances and sector competences have not been realised yet anywhere, and generally councils’ absorptive capacities are deemed too low for increased responsibilities.

Transferring functions should be conducted in a systematic manner through laid out guidelines and in tandem with the transfer of concomitant resources and the building of capacities in the councils and in the local communities. Care needs to be taken not to simply down-load responsibilities to councils, which do not have the necessary capacity or resources. Even in the urban councils institutional, managerial and technological capacities need great improvement, and the situation is even more critical in the rural councils.

The local governance process refers to the actions of 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, private sector operators, NGOs and community based organizations (CBOs), Village Development Committees and Ward Development Committees. A core problem for the Gambia presently however, is that the local governance system may not be fit for the purpose it is expected to serve, given the constitutional provisions and other requirements of the decentralization legislation.

Strong efforts are needed for greater institutional and human resources capacity building within civil society organisations and NGO partners. Decentralisation is a wide ranging national agenda and process. Section 90 of the local government Act 2002 places the responsibility for planning and development of the local government areas 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 laws recognise the critical role civil society organisations, NGOs and the private sector can play in the process of local democracy and development.  They are an important complement to government in the exercise of public policy and depending on their individual agenda they could play a myriad of roles as educators, advocators and service providers.

2.8.2  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 political and, executive powers and functions; provide basic services, 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.

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 should ensure a large participation of local stakeholders in their diversity

Councils and ward and village development committees 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 communities with the facilitation of the MDFTs.     

Kemo Conteh is the former director of local governance, Department of state for local government, lands and religious affairs now he is the Senior Partner, Governance Development and Management Services (GDMS) A consultancy firm at

9 Mamadi Manyang Highway, Kanifing Industrial Estate :    Tel 4393393