Abdirahman Adam Mohamoud

Most of us questioned the value of local elections over nominated commissioners. Abdirahman shows us councillors have done more than we think and less than they could.  This digest, whose original full version is available here, demonstrates why local elections matter – for your health, income, and development – more than helping a political association mature into a political party. 

INTRODUCTION

Somaliland municipalities have passed through different stages during the past two decades. During the first decade, nominated district commissioners were in charge. In the second, the first municipal election was organized in Somaliland in 2002. Half a dozen political organizations ran for office. Elected councillors then elected mayors from within.

At the initiation of decentralized governance, the functions of the municipalities were severely affected by serious power struggles that diverted the attention of local councillors and administrators away from institutionalization and service delivery. This was coupled with limited resources, institutional and capacity concerns, and legal framework issues. However, as time went on, things improved. Local councillors, assisted by development partners, started to focus on their primary functions. Service delivery was specifically enhanced, though much needs to be done. In major towns, municipalities have started in the last couple of years to rehabilitate roads, construct new ones, and deliver other services. Neighborhood representatives remain engaged and financially support these projects.

On the other hand, there are opportunities that need to be tapped skillfully. These include the upcoming local council elections, the willingness of collaboration and co-financing from the local communities, increasing understanding of local governance issues and a vibrant media.

Yet, municipalities face numerous challenges, including fiscal constraints that put them in a situation where they cannot deliver the services as stipulated by law. They have capacity concerns, contradicting legal frameworks, and service delivery issues.  Here, in the next few paragraphs, the paper shall focus on the challenges and recommendations (original is here). 

CHALLENGES

The current challenges of municipalities are countless and complex in nature. Below is an assessment of each of the major challenges.

I. Limited Resources 

Inadequate resource is understandably a paramount concern in almost every institution and municipalities are not exception. While some of grade A districts can be regarded not only as solvent but relatively well off as well, the vast majority (grades B, C&D) do not generate sufficient revenues to cover operational costs and provide social services. A closer look at their budgets reveals that revenue collection is very low in all of them and most of the generated revenues are used just to cover operational costs.

Inter-governmental fiscal transfer, another income source, is neither systematic nor predictable. Worse, it often takes months to get this fund released to the respective districts. This uncertainty compromises, to some extent, the ability of local governments to plan their recurrent expenditures and operations (Road Map on Local Government Finance Policy, UN-HABITAT, Somalia Program, 2011). Besides, the allocation formula for this transfer is questionable. Apparently, strong municipalities with relatively diversified sources of revenues take the lion’s share.

II. Low Capacity and Demoralized Staff 

Most of the elected councillors did not grasp their roles as leaders, negotiators, facilitators, planners, policy-makers, and advocates for local development. Similarly, they have an acute shortage of qualified man-power, rendering them as ineffective and inefficient. The main reason is that instead of hiring municipal staff on merits – i.e. skills, qualification, and expertise – they are hired on preferential treatment. To add salt to injury, those hired are underpaid, causing most of the good staff to fly let alone attracting new talents. Some UN agencies intervened and trained most of the councillors and municipal staff on relevant modules, so that they can carry out their functions more appropriately. It is worth noting that their performance has gradually improved since.

Capacities that municipalities are in dire need of include urban planning and land management. In urban settlements, land is an important commodity that is open for speculation and, hence, contributed to conflicts that caused bloodsheds and negatively impacted on planning for services. This inadequate capacity has acutely undermined the efforts of national and international partners to enhance municipal effectiveness.

III. Service Delivery Issues

By law, municipalities are mandated to provide a host of public goods and services, covering water, waste management, and markets, among others. Their service provision is severely constrained by extremely limited capacities in both financial and human resources. The government’s limited capacity to formulate effective policies and a sustainable legal framework is also to blame.

Nevertheless, for several years, some municipalities, mainly, Hargeisa and Berbera, have demonstrated a sharp improvement as they reconstructed and rehabilitated many roads. In Hargeisa, local government constructed 25 new tarmac roads while in Berbera (mainly due to port fees) most of the roads were rehabilitated and new ones constructed. Besides, Berbera Local Government is now financing the construction of a football stadium and a housing project for municipal staff to improve the livelihood of the staff. (Interview with the Mayors of Hargeisa and Berbera, Feb, 2012). To a lesser extent, other towns, such as Buroa and Borama, followed suit and enhanced their service delivery capacity.

Grade B, C and D districts are in a poor fiscal situation and, thus, they are unable to provide services. “[They] are the most dependent on inter-governmental fiscal transfers from central government, and as there are substantial vertical and horizontal fiscal imbalances, most local governments simply cannot meet their legislated obligations.” (GeoPolicity: Study on Sector Functional Assignments on Water, Education and WASH, 2012)

Although service provision is weak in general, yet waste management is the most serious one. In most parts of the country, tons of garbage is left uncollected in the streets each day, creating a myriad of problems. Yet municipalities, the sole sub-national structures mandated to appropriately collect, remain indifferent in waste disposal and management. In some towns, such as Hargeisa, though the function is outsourced to private companies, tangible improvement is yet to be witnessed. Obviously, municipalities alone are not responsible for poor waste management. The general public should share the blame and act responsibly and with civility when it comes to disposal, both at individual and family levels.

IV. Overstaffing and Ambiguity of Roles

Almost every municipality is overstaffed. A large number of staff is “ghost employees”, just appearing in the payroll sheets and never reporting for work. There are about 3,500 personnel in municipalities, almost 900 and 305 work in Hargeisa Berbera respectively (GeoPolicity: Study on Sector Functional Assignments on Water, Education and WASH, 2012). The high unemployment rate is a national issue, but the management of municipalities aggravated the situation. Every mayor, unilaterally and without proper job analysis, hires a number of unnecessary staff.

To address this quandary, there were efforts paid by some of the mayors (e.g. Hargeysa Mayor) to downsize while improving the working conditions of the remaining ones. Paradoxically, it was short-lived mainly due to the pressure from the community.

Besides, the majority of the staff doesn’t have job descriptions, and are often unaware of expectations. Understandably, this further diminishes their performance.

V. Stray Focus

In their first five years in office, councillors and executive committees engaged in power struggles. This competition has thwarted the focus away from institutionalization and development. Gebiley councillors broke the record of the “appoint and dismiss” drama, electing the sixth mayor. Needless to mention that the “fever of competition” subsided mainly due to increased understanding of the councillors and the amended Regions and Districts Law, which requires 2/3 majority to change council leadership. Many councillors have since demonstrated a greater degree of responsibility and have concurrently worked towards a service delivery.

VI. Conflicting Legal Framework

There is a great need to harmonize the different laws that affect local governance. For instance, there is no clear distinction between taxes of the central and local governments. Borders of the new districts are not delineated and disputes arise as a result. A taxation unification law was enacted but it is not functional in all districts, as many base their tariffs on local government law. A number of sector ministries are currently revisiting sector policies and acts – unfortunately, incoherently.

RECOMMENDATION

Clearly, the challenges stated above can’t be met successfully with quick-fix solutions. Instead, they require a multi-faceted approach. Listed below are some recommendations that, if adopted, will hopefully provide short and long term remedies.

1 Capacity Development

Continued capacity development for all municipalities is required. As mentioned, efforts were carried out and some positive changes observed. However, continued capacity and institutional development will be required in technical, administrative and managerial skills of both councillors and administrators, in the short term at the very least. This would enable them to undertake effective strategic and participatory planning process.

Moreover, the incoming councillors will need another cycle of capacity development, based on a comprehensive training needs assessment, to help them adjust to the new settings. Equally, other technocrats will need a refresher package so that they will not only sharpen their skills but also keep pace with the new councillors. Presently, priority training areas are on land management, urban planning and local economic development

Municipalities, on the other hand, need to retain the empowered staff, lest the capacity building make impact. If municipalities can aggressively raise legislated taxes, effectively manage public expenditure, and eliminate redundant staff, they can offer competitive pay.

2 Civil Service Reform and Development of Human Resource Policy

Civil service reform is critical should Somaliland builds a cadre of motivated professionals who can deliver the mandated service. The development of a comprehensive human resource policy could be the first step towards that reform. The policy will guide the different steps of the recruitment process, staff development, and promotion. As an immediate intervention, municipalities should develop terms of references for each staff and close supervision and monitoring be put in place.

3 Revenue Collections and Budgeting

Municipalities need to have adequate and sustained sources of revenue to remain responsive to the needs of constituencies. Revenues are not collected efficiently. Their financial management practices were, until recently, quite primitive but thanks to UN-HABITAT’s assistance, now an automated system has been introduced and is making a difference. There is still a need to institutionalize and adopt it as the sole accounting system for the country.

Likewise, the GIS-based property survey, carried out in Hargeisa, Borama and Berbera, proved to be extremely useful in the maximization of revenue. For instance, in Hargeisa, where it made the greatest impact, property tax collection increased more than 250%. (UN-HABITAT Local Government Finance Reports, 2011) To this end, there is a great need to expand this initiative to other major towns.

The current budgeting system of the local governments should be modernized and eventually, principles of participatory budgeting applied. One recent bold step was the introduction of a service-based accounting system, where municipalities link services to revenues and expenditures and, as a result, determine which section is paying off.

A comprehensive study should be carried out to map potential sources of income that are sustainable and viable. Besides, the current inter-governmental fiscal transfer needs revision to make it fairer. Better disbursement procedures should also be designed.

4 Improved Service Deliveries

Greater service delivery must be planned and budgeted. Specifically, the systematic collection and proper disposal of garbage should be given utmost attention, as it grossly affects the health and well-being of the society. Councillors, on their part, should pass by-laws imposing fines on those who are littering. This should be embedded in an aggressive and sustained civic education programme. Citizens should also play their part.

Local governments should also capitalize on the willingness of the local communities and systematically plan and finance quick impact projects that are sustainable and beneficial to all.

5 Central Government Oversight

Though municipalities are autonomous, the law also gives the Ministry of Interior an oversight role. Presently, over-loaded, the Ministry cannot provide a meaningful oversight. To this effect, Ministry of Local Governments should be established. This ministry would act as a watchdog over the performance of councils and ensure the proper usage of tax payers’ money, central government grants as well as development funds.

6 Legal Framework

Harmonization of the existing laws that govern municipalities is paramount to streamline local government functions. The demarcation of districts will lead to clarity about who collects what. The amendment of local government law and establishment of a reasonable service delivery functions will clarify their mandates. Furthermore, policies and laws that promote accountability should be adopted. The on-going review by the sector ministries should be carried out in a coherent and coordinated manner. In short, an effective institutional legal framework will foster and facilitate the quest of turning municipalities into credible and accountable sub-national structures that are responsive to the needs of their constituencies.

7 Careful Selection of Executive Secretaries

The Ministry of Interior should be careful in appointing executive secretaries. Even in the complex situations where balanced representations seem inevitable, key qualities of competency, proven leadership and experience must not be compromised. An understanding of the post as purely technical should assist the ministry in appointing based on merits, than political nomination. Only then can municipalities make serious efforts towards institutionalization.

8 Strengthened Local Government Association 

Association of Local Governments in Somaliland, aka ALGASL, still in infancy, needs support so that it can fully unite the voices of the municipalities and advocate for local governance issues, facilitate experience sharing and peer exchange programmes, not only within its members but also with similar associations in the region and beyond.

9 Creation of a Local Government Award

The introduction of a Local Government Award will create healthy competition. Once formed, municipalities could compete each other for greater service delivery. The introduction of a meaningful and valuable award with transparent eligibility criteria will hopefully serve as a watershed between two eras: the end of internal power struggle and greed and the beginning of delivery of greater services. The proposed award can have a yearly changing theme such as waste management, roads improvement, flood protection, local economic development, etc.