NPGM '06: Decentralization Entry Point Presentation

Abdi Yussuf Duale (Boobe), APD Programme Coordinator

  • Decentralisation was the central issue of the armed struggle against the dictatorial regime of Siyad Barre
  • Somaliland decentralisation process:
    • The Boorome National Charter in 1993
    • The constitutional referendum in 2001
    • The establishment of the political parties
    • The election of the local councils in 2002

Key Issues

  • Asymmetric relationship between the local and the central government
  • Lack of significant transfer of political, fiscal and administrative powers to the local councils
  • Undefined jurisdiction and unclear relationship between the central, regional and district authorities
  • Border demarcation between the districts and regions
  • The provision of services and other public goods to the rural areas and nomads
  • The effectiveness of the newly elected councils

Activities and Achievements

Revision of the Regions and Districts Law: Since its creation in early 2004, Law 23 has become a critical cornerstone in the debate over the central control of Somaliland's councils, prompting the Working Group to conduct a thorough review of the draft law and to provide Parliament with a comprehensive list of proposed amendments. Although the law never made it before the old House, in July 2006, it was unanimously ratified by the new House, with several new provisions, including granting authority to councils to propose the dismissal of ineffectual District Executive Secretaries and greater room for municipal authorities to levy their own taxes. The same law was also ratified the Guurti in October 2006, with some modifications.

Revisions of the Hargeysa City Charter: Following the Ministry of Interior's heavy-handed dismissal of the draft city charter drawn up by a UN-Habitat consultant, the Working Group reviewed the draft and forwarded a list of proposed changes to the Parliament's Sub-Committee on Internal Affairs. Today, the document is among 22 bills left over from the old House for the attention of its successors - although no timeframe has yet been set for its debate.

Creation of unified council bylaws: Nearly four years after their election, Somaliland's councils continue to suffer from insufficient and confusing internal regulations. In May 2005, the Working Group initiated a series of workshops to seek the inputs of councillors and local communities for a ministerial decree establishing a series of formal council bylaws and procedures. Unfortunately, the workshops' findings - as well as a national conference planned to ratify them - were overshadowed by preparations for the parliamentary elections.

Workshops to review legislation: One of the DfP's key accomplishments has been the adoption of a more open and participatory approach by the new Parliament for canvassing public opinions on draft legislation. In early 2005, the APD organised two high-profile workshops that led to several important recommendations on the controversial Land Reform Law - including the creation of Land Use Regulation and Planning Commissions - and since April 2006 two further House sub-committees have approached the APD to organise public workshops on other draft laws.

Training of council leaders: Since becoming the lead partner in UN-Habitat's Good Local Governance and Leadership Training Programme in April 2004, the APD has played a key role in training Somaliland's new local leaders, including running the programme in Hargeysa, Ceerigaabo and Burco, holding public consultations to lay the ground for action planning exercises in the three towns, assisting the Universities of Amoud and Hargeysa to translate 14 training manuals on the roles and duties of local councillors, and developing an hour-long play on local governance, which was played to over 2,500 people in seven towns.

Recommendations

  • Long-term training for the local government officials and staff, possibly including on-the-job training.
  • The Somaliland government and the Parliament to design more formal policies defining local government roles and operations, as well as more specific definitions of local government structures and responsibilities in the national constitution.

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