Transcript Local Governance, Local Government and the Assembly System

CWSA TRIPLE-S PROJECT
NATIONAL LEARNING ALLIANCE
PLATFORM MEETING HELD ON 27TH
OCTOBER, 2011
THE ROLE OF LOCAL AUTHORITIES (MMDAs) IN THE
PROVISION OF WATER AND SANITATION SERVICES
FOCUS ON ACTS 462 AND 564 AND RELATED
FRAMEWORKS BY
ESTHER OFEI-ABOAGYE (ILGS)
Decentralization:
Process by which a central government formally transfers powers to
actors and institutions at lower levels in a political- administrative
hierarchy. It therefore involves the transfer of power, functions,
means and competencies from central government to the subnational structures.
Various forms of decentralization have implications for delivery of
water and sanitation services, as our experiences have indicated:
• De-concentration
• Devolution
• Delegation
• Fiscal and Economic
• Privatization
• Public-Private Partnerships
Benefits of Decentralization and Effective Local
Governance
• Improved delivery of basic services for citizens at the local level
• Through engagement of user groups more citizens’ participation
in delivery and quality of service; Better administrators suited to
the locality; users’ monitoring of services
• Contribution to developing the local economy Engagement of
local people as service-providers; opportunities to raise revenues
to delivery high quality services; contribution to the economy;
• Framework for effective local level democracy local leaders
engage with marginalized groups and promote accountability,
inclusion and participation, the representation of citizens.
• A robust local governance strengthening linkages between local
stakeholders in pursuit of the common services and priorities
with sharing of roles, responsibilities and risks. Partnerships.
LEGISLATIVE FRAMEWORK
Constitution in Section 240 (1) states that “Ghana shall have a
system of local government and administration which, shall as far
as practicable, be decentralized”. Section 241 (3) reiterates that
Subject to this Constitution, a District Assembly shall be the
highest political authority in the district, and shall have
deliberative, legislative and executive powers”.
• The Local Government Act, 1993 (Act 462) provides the core
regulation for the administration of local governments in Ghana
• The National Development Planning (System) Act, 1994 (Act 480)
lays out the development planning functions of MMDAs
• Community Water and Sanitation Act 1998 (Act 564)
• Local Government Service Act, 2003 (Act 656)
• Local Government (Departments of District Assemblies)
Commencement Instrument, 2009 (L.I 1961)
The Basic Mandate of Assemblies
• Under the assembly system, local authorities have considerable
powers. Acts 462 and 480 designate the assembly as the local
development planning authority.
Section 10 of Act 462 identifies the functions of an assembly.
• (1) An assembly shall exercise political and administrative
authority in the District, provide guidance, give direction to and
supervise all other administrative authorities.
• (2) for the above purposes, an assembly shall exercise
deliberative, legislative and executive functions.
• (3) An assembly shall be
• Responsible for the overall development of the district
• Ensure the preparation and submission through the RCC,
development plans of the district to NDPC; and budgets to MOFEP
for approval
• Formulate and execute plans, programmes, strategies for
effective mobilization of resources necessary for the overall
development of the district
• Promote and support productive activity and social
development and remove any obstacles to initiative and
development
• Initiate programmes for development of basic infrastructure
and provide municipal works and services
• Be responsible for the development, improvement and
management of human settlements and environment in the
district .
• In cooperation with the appropriate national and local security
agencies be responsible for the maintenance of security and
public safety
• initiate, sponsor and undertake relevant studies to underpin
their activities
Functions for the execution of approved
development plans:
• Guide, encourage and support sub-district structures, public
agencies and local communities to perform their roles in plan
execution
• Initiate and encourage joint participation with other persons
• Promote or encourage other persons or bodies to undertake
projects under approved development plans
• Monitor execution of projects under approved plans and assess
and evaluate their impact on people’s development, local district
and national economies
• Coordinate, integrate and harmonize execution of programmes
and projects under approved development plans for the district
and other development programmes promoted or carried out by
MDAs, public corporations, statutory bodies and NGOs
Other Interesting Provisions in Act 462
• 10 (6) assemblies shall be subject to the general guidance and
direction of the President on matters of national policy
• Act in cooperation with the appropriate public corporation,
statutory body or NGO
• It shall be the duty of such public corporation, statutory body or
organization to co-operate with the assembly
• 11: Assembly shall be responsible for the preparation and
approval of its annual budget
• 12: District assemblies as planning authorities shall perform
planning functions as shall be assigned to them
• The instrument that establishes an assembly may confer
additional functions on the Assembly and provide for the
relationship between that assembly and the Regional
Coordinating Council
Key Actors in the Assembly System Interested in W and S
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District Chief Executive (DCE)
Presiding Member (PM)
Member(s) of Parliament (MP)
Coordinating Director (DCD)
Assembly members both elected and appointed
Technical/Professional and supporting staff
Other Actors in the LG Environment
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Traditional authorities, Opinion and religious leaders
Economic associations and occupational groupings
Social groups and membership associations/faith-based
NGOs and CBOs in development projects
Organized labour/labour unions
Formal private sector
Media
Institutions and resources
Various public agencies have been created to manage and
implement various programmes and projects on behalf
of the Government of Ghana. The Ghana Water
Company Limited (GWCL) is responsible for water supply
to selected urban communities throughout the country
• The Community Water and Sanitation Agency (CWSA)
responsible for water supply to rural communities and
small towns as well as selected urban localities
• Originally, in the establishing instruments of the
assemblies, they were required to collaborate with the
designated public agency to deliver public utilities
• Assemblies have used Common Fund, now DDF
resources to undertake water and sanitation services
• The Assemblies provide technical support and advice to the
water boards and WATSAN committees and also monitors
their activities
• Chiefs and opinion leaders oversee the nomination and
selection of members onto the WATSAN Committee and also
help in land acquisition for water and sanitation projects.
• Assembly Members and Member of Parliament as
representatives of the citizenry provide support and
technical advice to the water board and WATSAN
committees
• Area Mechanics and Artisans maintain the machines and
also advise on the types of equipment to purchase
• Community members are expected to ensure sustainability
of the various project in their communities
Act 564: The Community Water and Sanitation (CWSA) Agency
Act: The law makes support to and collaboration with assemblies
central to the work of the Agency. Section 2 of the law (Object
and functions) says:
• The object of the Agency is to facilitate the provision of safe
water and related sanitation services to rural communities and
small towns
• For these purposes, the agency shall provide support to district
assemblies to (i) promote the sustainability of safe water supply
and related sanitation services in rural communities and small
towns (ii) enable the assemblies encourage the active
involvement of communities, especially women in the design,
planning, construction and community management of projects
related to safe water supply and related sanitation services.
Other functions relating to safe water supply and sanitation services
in rural communities and small towns include
• Formulation of strategies for effective mobilization of resources
for execution of programmes
• Encourage private sector participation
• Provide assemblies with technical assistance in planning and
execution
• Assist and coordinate with NGOs engaged in the above and
hygiene education
• Initiate and collaborate with Mins. of LGRD, EST, MOH and MOE,
formal and non-formal programmes for awareness creation of
water related hazards
• Prescribe standards and guidelines for safe water supply and
provision of related services and support assemblies to ensure
compliance by suppliers of services
• Charge reasonable fees for services provided
• Collaborate with international agencies as necessary
• Perform any other related functions
• In its functions, act in conjunction, collaborate and
cooperate with Water Resources Commission, EPA,
Ghana Water [and Sewerage] Company, public and
private bodies, all government departments, other
agencies as shall be required.
• It is in this regard, and amongst other functions that the
CWSA builds the capacity of the District Water and
Sanitation Team and WATSAN members in various
communities
Decentralised Services Delivery
MLGRD
EHS
Directorate
PBME
MoT
MWRWH
Water
Directorate
Policy
Directorate
Directorate
WRC
CWSA
GWCL
DUR
HSD
DFR
REHSDs
Regional
Offices
Regional
Offices
Regional
Offices
Metropolita
n /Zonal
Units
Regional
Offices
District Assemblies
NOTES
EHMD
DPCU
DWD
(DWST)
Z/T/AC
Communities
Customers
Private Sector,
NGOs
DUR
-
Department of Urban Roads
DFR
-
Department of Feeder Roads
DWD
-
District Works Department
DPCU
-
District Planning Coordinating Unit
DWST
-
District Water and Sanitation Team
EHMD
-
Environmental Health and Management Department
HSD
-
Hydrological Services Department
Z/T/AC
-
Zonal, Town & Area Council
MLGRD
-
Ministry of Local Government, Rural Development
MOT
-
Ministry of Transport
MWRWH
-
Ministry of Water Resources, Works & Housing
PBME
-
Planning Budgeting, Monitoring & Evaluation
Accountability
Interaction
Donor Funds
• The creation of the Water Directorate in 2004 responsible for the
overall coordination of water sector activities in the country and
leading the sector in order to achieve the national targets for
water and the MDGs.
• The approval of the National Water Policy (NWP) by Cabinet in
2007 and its launch in early 2008 to provide a framework for the
sustainable development of Ghana’s water resources.
• The Strategic Sector Development Plan (SSDP) to facilitate the
Implementation of the NWP. Strategic Investment Plans for urban
water developed by the Ghana Water Company Limited. Strategic
Investment Plans for rural water developed by the Community
Water and sanitation Agency (CWSA) and the National
Community Water Strategy (NCWS)
• National Environmental Sanitation Strategy and Action Plan
(NESSAP) and the Strategic Environmental Sanitation Investment
Plan (SESIP) developed by the Ministry of Local Government and
Rural Development (MLGRD)
ROLES AND CAPACITY REQUIREMENTS
National
level
MWRWH, MLGRD, CWSA,
WRC, PURC, GWCL,
Contractors and consultants
•Policy formulation
Facilitation
Coordination
Standardisation
Regional
Level
Regional Coordinating Council,
Regional Water and sanitation
Team, contractors and
consultants, NGOs
•High level TAs
•On the job Coaching
•M&E
•Procurement
District Assemblies, District
Water Sanitation Teams, WB,
Consultants, contractors, NGOs
•Ownership & Mgt
•Planning
•Procurement and contract Mgt
•Monitoring and supervision
•TAs to Watsans
Urban/Town/Area Councils,
Unit Committees, Watsans,
Area Mechanics, Latrine
Artisans
•Planning
•O&M
•Full financing of O&M
District
Level
SubDistrict
Level
Source: WELL/TREND Group (2006) “Fact Sheet on Capacity Development’,
Some priorities arising from these arrangements
• Fostering political and bureaucratic will at the local level to
sustain the facilities
• Bridging capacity gaps of the DWSTs, WSB and WATSANs and in
particular, prioritizing funding for their training and delivering
WASH by MMDAs
• Recruiting adequate, trained water and sanitation professionals
for the local level
• Settling issues of user fees – affordable fees on which there is
consensus at the local level
• Enhancing record keeping at the local level Accountability is
crucial.
• Building trust among WATSAN Committees
• Ensuring “voice” for marginalized and vulnerable, and women.
• Issue of literacy and selection for WATSAN committee (issue of
illiteracy)
• Land acquisition for WASH services including payment
of royalties and compensations
• Urban concerns: delays in the payment of water bills,
illegal connections, urban population service
• Climate Change (Floods and Droughts)
New considerations
1. Water and sanitation as a right and the
implications in the
– Decentralization policy framework
– New thrusts and strategies for rolling-out the MDGs
– New administrative arrangements for assemblies in
Ghana under LI 1961
The new 2010 Decentralization Policy Framework
with the ffg themes has implications for WASH
1.
2.
3.
4.
Political decentralization and legal issues;
Administrative decentralization;
Decentralized development planning;
Spatial planning, environmental management and natural
resource management;
5. Local economic development;
6. Fiscal decentralization;
7. Popular participation and accountability;
8. A social agenda;
9. Involvement of non-state actors in local governance
10.Harmonizing development partner interventions.
New thrusts and strategies for rolling-out the MDGs
The last phase, UN Millennium Strategy aims at:
• People’s movement for the MDGs growing in strength
and power
• Citizens’ monitoring of MDG entitlements at the local
level being scaled up
• Government policy and practices increasingly fulfilling
MDG entitlements.
The Millennium Campaign is seeking to build partnerships
with local authorities because they provide basic
services and are often at the closest point at which to
demand accountability.
• UNDP working with local partners on MDG Acceleration
Frameworks:
Key factors that have been found to promote the
achievement of the MDGs include
1. Political commitment, will and demonstrated
leadership
2. Investments in the key priorities
3. Ensuring technical capacities at the
decentralized level
4. Building broad based alliances and partnerships
5. Collaboration at all levels, all sectors of
economies and partnerships built between
governments and other stakeholders
The key MDG priority activities for the Africa Region are:
• Advocate decent work as a major way of ending extreme poverty
• Support integration of MDGs into local plans and budgets
• Build and support virtual networks of youth activists
• Support to key coalitions and campaigns including faith-based,
women’s youth and disabilities groups
• Encourage local government authorities to improve service
delivery at the local level with citizen monitoring and open
budget and procurement processes
• Support MPs and local government authorities to actively
promote the MDGs and hold governments to account
• Use local elections and voice mechanisms as opportunities to
advance the anti-poverty agenda
• Promote the use of mobile phone technology as a tool for local
monitoring. How can we pursue this agenda in WASH?
LI 1961: Local Government (Departments of District
Assemblies) Commencement Instrument 2009.
• Came into force on 25th February, 2010.
• LI 1961 provides for the conversion of departments into
departments of assemblies. It triggers off the
establishment of departments of MMDAs with
• The commencement of functioning of decentralized
departments as departments of MMDAs
• The transfer of functions to relevant departments of
assemblies
• The operationalization of the composite budgeting
system which is provided for in Act 462 by integrating
the budgets of the departments into that of the
assembly
• The transfer of the staff of the Departments of the Assemblies
from the Civil Service to the Local Government Service.
• It commences the functioning of existing and non existing
decentralised departments at the district level as departments of
the District Assemblies: category 1 departments is immediate;
• Introduces composite budget system at the district level by
integrating the budgets of the departments into the budget of
the District Assemblies
• The deepening of administrative decentralization through the
recent symbolic transfer of about 30,000 civil servants from the
civil service to the local government service.
• Nationwide roll-out of composite budgeting anticipated in 2012
• Next steps include the amendment of the category II-related
legislation to integrate those departments into the MMDAs
FIRST SCHEDULE
Central Administration
Works Department
Physical Planning Department
Trade and Industry
Department of Agriculture
Soc. Welfare &Community Dev.
Legal Department
Waste Management Department
Urban Roads Department
Budgeting and Rating
Department
Transport Department
SECOND SCHEDULE
Physical Planning Department
Dept. of Trade and Industry
Finance Department
Education, Youth and Sports
Disaster Prevention and
Management Department
Natural Resources Conservation;
Forestry, Game and Wildlife
District Health Department
PROVISIONS FOR WORKS DEPT IN LI1961
• Policy formulation and programmes on district works;
• preparation of tender documents for civil works
projects;
• facilitation of construction, repair and maintenance of
public roads, drains, diversions and alternations of
streets
• Assisting to build, equipping, closing, maintaining
markets and prohibition of stalls in places other
markets
• Facilitation of adequate and wholesome supply of
potable water
• Advising assembly on digging prohibitions
• Facilitating provision of street lighting in consultation
with Electricity Company
• Advising owners of premises to remove or trim
vegetation interfering with traffic, wires, works;
removal of dilapidated buildings; nuisances
• Protection or preventing obstructions to fire hydrants
• Providing technical advice for machinery and structural
layouts to facilitate escape from fire, rescue operations
and fire management
Natural Resources Conservation Department
• Advise on prohibition, restriction or regulation of the hunting,
capture, killing or sale of animals or any other species
• Advise on natural resource management, protection of forest
and water resources, river sources, pollution
• Assist assembly in natural environment, preservation and
protection
Physical Planning Department
• Advise assembly on land use and development planning
• Coordinate departments and agencies, NGOs to ensure
compliance with planning standards
• Advise on construction of public, private buildings and structures
• Ensure prohibition of unapproved structures
Under LI 1961: The District Department of Health
• Facilitate collection and analysis of data on health
• Promote and encourage good health and sanitation
• Assist in education of residents of the district on sanitation
and personal hygiene
• Facilitate and assist in regular inspection of the district for
detection of nuisance of any condition likely to be offensive or
injurious to human health
• Assist in efficient management of clinical care, community
health care and environmental health service in the district
infrastructure
• Assist to establish, install, build and control public latrines,
lavatories, urinals and wash places (and associated
responsibilities for licencing and monitoring)
• Assist to establish, maintain and carry out services for removal
and treatment of liquid waste (and associated monitoring and
regulation)
• Assist to establish, maintain and carry out removal and disposal
of refuse, filth and carcasses of dead animals from public places
(and associated monitoring and regulation)
• Facilitate supervision and control of manufacture of foodstuffs
and liquids of any kind intended for human consumption
• Assist to provide, maintain, supervise and control slaughter
houses and pounds and all such matters and things as may be
necessary for the convenient use of such slaughter houses
• Advise on the prevention of the spreading and extermination of
tsetse fly, mosquitoes, rats, bugs and other vermin in the district
The Waste Management Department is mandated to provide
facilities, infrastructural services and programmes for effective
and efficient waste management for the improvement in
environmental sanitation, protection of the environment and the
promotion of public health
• Service toilets and dispose of human waste collected from public
and private sanitary facilities
• Provide technical support on private provision of the above to the
assembly
• Supervise and control the operation of cesspool emptiers and
allied equipment
• Receive and provide adequate treatment and effective disposal of
both solid and liquid waste (and provide compost manure)
• Supervise the cleansing of drains, streets and markets, car parks
• Inspect and maintain sanitary facilities and advice on recycling and
use of waste materials