Executive Summary
Local Answers
Creating an Enabling Environment for Decentralisation
in Somaliland
The election of 332 municipal and district councillors by the Somaliland
people in December 2002 brought for the first time the prospect
of truly decentralised government in the state widely considered
the most stable and progressive in the Somali Region. Since the
creation of its first National Charter in 1993, the country has
been - at least on paper - committed to a highly decentralised form
of governance. Yet while the second post-conflict government made
considerable progress in creating government institutions and revenue
collection systems, it stopped short of establishing the structures
for genuinely decentralised administration.
Since 1991, the government had appointed all of Somaliland's regional
and district administrations itself - even after the state's first
constitution was formally adopted following the historic national
referendum in 2001. While the government argued that clan-divided
Somalilanders were not yet ready to select their own leaders, many
observers accused the country's leaders of being unwilling to relinquish
their own grip on power. Yet while the debate over decentralisation
lingers, the return of peace has allowed some local authorities,
notably in the urban areas of Awdal, Hargeysa and Sahil, to begin
collecting taxes and - often in partnership with private companies
- to provide some basic public services, including health, primary
education, electricity, water and communications.
With local leaders still accountable to the central government,
however, the system reverted to familiar patterns of centralisation
, and local leaders themselves continue to face major challenges
associated with their poorly-defined legal status, widespread corruption,
and a shortage of skilled personnel. In order to help the newly-elected
councils begin to overcome these hurdles, the WSP/APD National Project
Group in November 2004 endorsed decentralisation as a critical 'entry
point' for further research designed to support Somaliland's democratisation
under the Dialogue for Peace (DfP) programme.
The overall purpose of the research project was to assist the government,
the new councils, and other key national and local actors to consolidate
the decentralisation process through the establishment of legal
frameworks, the provision of vital leadership training to the councils
(which the APD had already been providing in conjunction with UN-Habitat),
the initiation of strategic planning processes, and the promotion
of greater public involvement and participation in the work of the
new councils.
Key Issues
Although some basic local government structures were in place at
the time of the 2002 elections, there was a widespread lack of effective
administration at all levels of local government - and no defined
relationships between central and local authorities. As well as
a lack of policies on the reforms required to increase the resources
of the new councils and to expand their role in public service delivery,
a high-profile power struggle had pitted local leaders against the
Minister of Interior, particularly over the latter's appointment
of District Executive Secretaries (DESs), who wielded enormous power
over the councils' financial affairs.
Another key issue of contention was the continuing confusion over
the roles and authority of Somaliland's central, regional and district
authorities, and the delineation of their respective boundaries.
Questions had been raised over the jurisdiction of the new councils,
with common perceptions that councils and mayors represented only
urban areas - leaving huge rural populations unattended and unrepresented.
This issue has been further complicated by the proliferation of
districts, as more clans seek recognition and funding from the government
in Hargeysa.
The issue of constituency has been another intriguing problem.
While all members of the electorate are able to vote for their local
councillors, not all have the same opportunity to stand for council
seats, as priority is given to people from each area's indigenous
clan. Many people who have lived in a city or a district for generations
thus have no opportunity to run for elected office.
As well as little, if any, professional and technical skills, many
new councillors have also come under the spotlight for their questionable
commitment to public office. The councillors' incompetence to handle
council affairs has become widespread, driving some communities
to take matters into their own hands and attempt to dissolve their
councils. Many councillors have also had prominent run-ins with
their mayors, leading to a run of mayoral 'impeachments' in several
towns. Women too have been largely excluded from the electoral process
- with only two women elected out of more than 300 councillors.
Activities
The first phase of the Dialogue for Peace made use of a broad variety
of participatory forums to encourage debate on these and other issues
affecting the performance and reputation of Somaliland's new councils.
The process was led by a 15-member Working Group comprising key
central and local officials, MPs, civic, religious and women's leaders.
One of the group's first points of interest was to review two draft
laws that were integral to the councils' future - the Regions and
Districts Law (Law 23) and the City Charter of Hargeysa - after
which it agreed on the need to develop a unified system of bylaws
to guide the councils' operations.
Between March 2004 and April 2005, the APD hosted seven participatory
workshops in Hargeysa, Boorome, Ceergaabo and Burco to deal with
various issues concerning the decentralisation of the legal framework.
Each workshop was attended by 40-60 prominent individuals, including
councillors, MPs and community leaders. Over the same period, the
APD and UN-Habitat also co-hosted 12 training workshops for nearly
150 councillors in Somaliland's major towns on local governance
administration, action and strategic planning, and other critical
challenges.
As well as numerous field trips to canvas local opinions in rural
communities in Awdal, Togdheer and Sanaag, the Working Group hosted
two public forums to provide local institutions and civic groups
with a chance to air their opinions on decentralisation: the first,
on lessons learned from the 2002 elections, in March 2004; the second
to share the experiences of the highly-successful public-private
partnership which manages the water supply system in Boorome.
Achievements
Among a wide variety of interventions, from groundbreaking public
forums to urgently needed councillor training and critical contributions
to reforming the legislative environment, the APD has played a consistently
high-profile role in promoting decentralisation among the public,
the councils, and the national leaders whose commitment will ultimately
decide their fate. Among the most critical achievements that it
has realised over the past two years are:
- Revisions to 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 ratified by the Guurti (House of Elders) in October
2006, with some modifications.
- Revisions to 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 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, Ceergaabo and Burco, holding public consultations
to lay the ground for action planning exercises in the three towns,
assisting the Universities of Camuud 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 played
to over 2,500 people in seven towns.
Lessons and Recommendations
The many activities of the DfP in Somaliland have served to remind
its leaders of the broadly 'unfinished' nature of their decentralisation
- and of the desperate need for them to provide their new local
authorities with greater administrative responsibilities. As well
as the lack of basic laws to define their responsibilities, efforts
are urgently required to increase their financial resources - either
through inter-governmental transfers or the authority to extend
their taxation base. It is clear that, despite considerable 'lip
service' to decentralisation, vested interests among the government
and other influential actors are holding the process back.
It is also clear that real decentralisation will call for a sea-change
in Somaliland's political culture, to provide for greater engagement
by citizens' groups, neighbourhood committees, and the private sector.
It has not taken Somalilanders long to realise that their councillors
should be people with a genuine stake in their communities, who
are not running purely for the sake of money or employment. One
'silver lining' of the poor quality of current councillors is that
it has immeasurably raised the stakes in the next local elections,
scheduled for late 2007, when the political parties will be under
strong pressure to field better candidates - and the National Electoral
Commission to initiate more rigorous vetting.
As well as the calibre of councillors, the Habitat/APD training
programme has learned some important lessons regarding the need
for more focused, long-term training, possibly including on-the-job
training. The Academy will continue to rally both local and international
support to extend its training to include specific skills in policymaking,
council budgets and financial systems, procurement policies, public
meetings, public records, and other vital aspects of local government
operations.
In the near-term future, the APD will continue to provide technical
support to - and advocacy for - the Somaliland government 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. And it will continue
to maintain pressure on Parliament to follow up the review and reform
of other laws pertaining to decentralisation, such as laws on local
government finances, taxation and land issues.
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