Assigment-of-Decentralization.docx

New-generation university collage AssignmentCentre for Excellence Home Taken To: Prof. Mustafe Khalili Department: GS IR Date: 31-01-15Program Regular/DegreeCourse Title: Decentralization Course Assignment title: Somaliland political development and decentralization Students Names: 1. __________________________2. __________________________3. __________________________4. __________________________5. __________________________

Summary, Dear Professor Al-Khaliili, Greetings, we would like to thank you for your highly initiative encouragement and brainstorming upgrading to find more about the course of decentralization to understand well and do practice for this courseHowever, we investigated for the decentralization of Somaliland to understand deeply the Requirements of the assignment then we started to prepare and find more information that about the Assignment, we do hard work, more investigation, reading, writing and brainstorming to discover the main point and research of the assignment requirement through active and effective method of data collection, information sharing and agreed the assignment validation on timeContents:I. The big picture of Somaliland Decentralization II. The Concept of DecentralizationIII. Types of Responsibility and accountability IV. Evaluating InvestmentV. Advantages/Disadvantages of DecentralizationVI. Recommendations VII. Conclusion VIII. References

The big of Somaliland Decentralization Somaliland Political Development and DemocratizationActorsInstitutionsPartiesDemocracy

The Concept of Somaliland DecentralizationUnderstanding ofdecentralization the meaning ofdecentralizationmay vary in part because of the different ways it is applied. Concepts ofdecentralizationhave powers of governance within its own administrative areas that have beendecentralized to it by the central government through the local governments In Somaliland, it traditionally these tasks to oversee this process and practices Somaliland Constitution DecentralizationBases Law for The structure of the state shall consist of three branches which are: the legislative, the executive and the judiciary. The separation of the powers of these branches shall be as set out in the Constitution. Each branch shall exercise independently the exclusive powers accorded to it under the Constitution.

Article 90: The Powers of the PresidentThe President is the Head of the nation and the state, and is the symbol of the unity of the citizens of the Republic of Somaliland. He is responsible for the care of the nations resources, the protection of the peace, the advancement of the society and the proper conduct of the administration of the state. In order to fulfil these responsibilities, the President shall have the following powers:The Judicial Branch shall fulfill it duties in accordance with the Constitution, and shall be independent of the other branches of the state.Article 98:1. The Judiciary shall have the power to:a) interpret, in accordance with the Constitution, the laws passed by the Constitutional bodies and emergency laws;b) adjudicate on disputes between the governmental bodies and the public and between the members of the public;c) adjudicate on all disputes which relate to compliance with the provisions of the Constitution2. A judge shall not engage in any other occupation whilst in office[181].3. The proper status of judges shall be determined by the law[182].Article 99: The Structure of the Judiciary1. The Judiciary consists of the courts and the Procuracy[183].2. The judges and the members of the Procuracy are independent when exercising their judicial functions and shall be guided only by the law.Article 100: The CourtsThe courts of the Republic of Somaliland shall consist of:1.the Supreme Court;2.the Appeal Courts of the Regions;3.the Regional Courts;4.the District Courts; and5.the Courts of the National Armed Forces

The legislative, executive and judicial branches of the state and the local government of the regions and the districts of the Republic of Somaliland, of all levels, shall be bound by the provisions of this Part, Ifthe regions and districts fail to set up their councils within 3 (three) months, the Government, in consultation with the relevant members of the Houses of Representatives and Elders who represent these regions or districts and also with the elders in these communities, shall appoint, on a temporary basis, regional and district administrators

GrowthProsperityEconomic FreedomImpact of Decentralization of Social Foundations of Economic DevelopmentSocial CapitalInfrastructure

Evaluating InvestmentSOMALILAND LOCAL GOVERNMENT DECENTRALIZED PROGRAMS In Somaliland, the constitution adopted in 2001, lays down the legal framework for decentralization. The President appointed champion for local governance, Vice President Abdirahman Abdillahi Ismail Sayli, described how decentralization brings a tangible change in the lives of citizens, by bringing government and its services closer to them. To support these efforts, JLPG is being implemented in Somaliland by ILO, UNCDF, UNDP, UN-Habitat, UNICEF and Somalilands administration. Currently, JPLG is working with 7 districts (Berbera, Boroma, Burao, Gabiley, Hargeisa, Odweine, and Sheikh) to increase civil servants capacity, while developing processes and systems that more effectively deliver services to their constituents.The UN Joint Programme on Local Governance and Decentralized Service Delivery (JPLG) aims to strengthen local governance and enhance decentralized services in Somaliland. The JPLG coordinates its work with central and local governments, five UN partner agencies (ILO, UNCDF, UNDP, UN Habitat, and UNICEF), numerous development partners, as well as the private sector and communities. Activities are financed by Denmark, DFID, EU, SIDA and Switzerland.JPLG is working with 7 districts (Berbera, Boroma, Burao, Gabiley, Hargeisa, Odweine, and Sheikh) to increase civil servants capacity, while developing processes and systems that more effectively deliver services to their constituents.The JPLG is helping Somalilands administration to develop fora for citizens to engage in policy formulation, as well as systems that help prioritize projects while developing local partnerships for their implementation, To support this process, the Vice-President has identified and appointed seven ministers to form an Inter-Ministerial Committee on Local Governance (IMCLG). Amongst a broad range of solutions, the JPLG is providing technical support to the IMCLG to help promote and develop local governance through an effective decentralization process In order to create public awareness on this process, Somalilands administration has produced a film on decentralization, highlighting citizens experience of local governance and service delivery, and the hopes they and civil servants have for increased empowerment of local government. With continued improvement to deliver services to citizens, the previous Vice Minister of Interior and member of the IMCLG, Osman Garad Soofe, said the people of Somaliland are expected, once services are decentralized and brought within their reach, to embrace it wholeheartedly as well as the Minister of National Planning and Development, Dr Saad Ali Shire, also a member of the IMCLG, stated that the decentralization process will bring citizens closer to government decision-making and, as a result, they will be greater enabled to hold local authorities to account.However, Many community members are active in supporting the development of infrastructure and systems that enhance local authorities responsiveness to the needs of the communities it serves. In one such case, land was designated by the local government of Hargeisa for economic development and led to the creation of a central market. A market vendor for cereals who has benefited from this initiative such as lady named Shuun Jirde Cali, Chairperson for vegetable sellers in Hargeisa, has also experienced the benefits of local government working closer with the communities they serve. She said that the public now has direct access to local authorities and can speak with officials to make sure their needs are addressed.The Ministry of Interiors Director General, Abdisamad Maal, emphasized the role of the ministry in providing quality assurance for the delivery of services by local government to all communities across Somaliland, The JPLG is helping Somalilands administration to achieve these goals by developing fora for citizens to engage in policy formulation, as well as systems that help prioritize projects while developing partnerships (such as the IMCLG) for their implementation for the central and local governments have made immense progress through their decentralization efforts. The creation of the IMCLG represents a great step in the right direction and is leading Somalilands administration and its citizens into the next generation of good governance and responsible service delivery.

Alex MelandLocal Governance SpecialistAdvantages of Decentralization Good governance. Mutual accountability, respect and tolerance. Gender equality. Youth participation. Productivity Youth investment Community decision making and active participation levels of administration Suppuration of power and law practices Facilitate diversification Executive development and supervision Better information, leading to superior decisions. Faster response to changing circumstances. Increased motivation of the community and leadership style Excellent training for future for all level executives. Reinforcing education and skills development; Fostering employment creation and economic development; Promoting healthy lifestyles; Enhancing youth participation and citizenship Promoting gender equity and empowering young women Security and Peace Ensuring justice and Juvenile Delinquency Protecting the environment Sports and Recreation Information Technology & Globalization Arts and Culture Immigration and Diaspora. Disadvantages of Decentralization Conflicts between the Central Government and local governments Land conflicts Tribalism increases Law quality human resource Corruption Drags increases

Strong political interest among the youth

Economical crises

Illegal immigration

Weak of quality education

Poverty

Inadequate of Skill training Lack of quick decision making Inadequate cooperation More financial burden

SOMALILAND LOCAL GOVERNMENT LAWS Updating - April 2012...The Current Principal Decentralization of LocalGovernment LawThe main law governing Somaliland local government is theRegions & Districts (Self Management) Law(Law No: 23/2002)which has been added to extensively in 2007, but retained the same title and number. The amended Law titled in Somali, Xeerka Ismaamulka Gobolada iyo Degmooyinka(Xeerka Lr. 23/2002) as signed by the President (Decree No. 283/2007) runs into 104 Articles.An English language translation of this amended Law is not yet available, but the headings of all the articles of the Law isavailable here in English..The 2002 Law (as amended) confirms that the country is divided into six regions, which contain a number of districts each. Districts, in turn, contain villages. The Regional Councils are not elected, but include the elected Mayors of the districts in each region. District councils (graded A to C under this Law) are, however, elected under the procedures laid down in thePresidential and Local Elections Law. District Councils graded D and awaiting assessment and confirmation by Parliament have nominated councils. Village councils are nominated by the elders and other prominent persons of the villages and are appointed by the District Councils.A summary of the status of all the regions and districts shall be available shortly. The extra new 6 regions and 16 districts created by Presidential Decree in 2008 have not been approved by Parliament and are, in line with the presidential decrees, still disregarded for electoral purposes (see Somaliland Law .com 2008 commentary on these Presidential Decrees -Somaliland Local Government Re-organisationthrough Presidential Decrees in an Election Year.... (to be updated shortly)Background During the years of the Protectorate and the short independent State of Somaliland, the main law governing local government was theLocal Government Ordinance 1953(Ordinance No. 1 of 1953) but the first district advisory councils were established in 1951 when Town councils responsible for the collection of local revenue were introduced. These were given powers to administer local services in 1953, but met with some opposition, apparently because of the unpopularity of local taxes. Councils levied property taxes (rates) and land rents and fees. There were six principal districts (which, even now, form the six regions of Somaliland) each headed by a District Commissioner. Other than the capital, Hargeisa, each such district council covered the whole district. Some of the councillors were elected and others were appointed and the executive responsibility of the council was exercised mainly by an appointed full time executive officer, subject to the policies laid down by the Councils and their committees.There was also theLocal Authorities Ordinance 1950(Ordinance No. 8 of 1950), but that dealt with the role of Akils or traditional clan leaders who opposed the system as they saw it as a diminution of their customary role. The changes were, however, gradual and initially involved the appointment of salaries Akils. The Ordinance empowered some of the Akils to assist the administration (i.e the District Commissioner) in maintaining law and order, enforcing, when feasible, orders and regulations and, above all, in bringing to justice persons of the Akils clans who committed crimes. The system of Akils still exists and has even thrived in Somaliland during the last 15 years, but it has no legal role in the local or central governmental structures, except in so far as both the Ministry of Internal Affairs and local authorities work with them closely in keeping the peace between the communities, which they have excelled in Somaliland. The Akils have now their own non-statutory forum known as the Sultans Council. (For more information on the relationship between the Sultans/Akils and the local/central government, see the Law on the Structure of the Ministry of Internal Affairs and the Administration of Regions and Districts 1993).After the the union with Somalia on 1 July 1960, the Somaliland territory consisted of two regions (referred to the Northern Regions) and Somalia consisted of six regions (the Southern Regions) - Law No: 14 of 14/06/1962. Each region was headed by a Governor who was appointed by the Minister of Interior. In 1963 the Local Administration and Local Council Elections Law (Law No: 19 of 14/08/1963) set out the functions and structures of the local district councils and the current Somaliland Regions and Districts Law is broadly based on this Law. The first local council election under this Law took place in November 1963. The democratic structures of the local government came to an end abruptly with military coup in 1969.On re-assertion of its independence in 1991, Somaliland started to rebuild its local democracy. Article 22 of the Somaliland National Charter 1993 emphasised the importance of the need to build democratic local councils in all the districts and the regions and this was echoed in the 1997 Interim Constitution - the provisions relating to local government are now set out inArticle 109 to 112of the Somaliland Constitution. Prior to the 2002 Regions and Districts Law, the main Law which governed local authorities in Somaliland was the theLaw on the Structure of the Ministry of Internal Affairs and the Administration of the Regions and Districts 1993.the first direct elections of district councils throughout Somaliland (since the mid 1960s) were held in December 2002. Although these elections took place everywhere, the lack demarcation of boundaries of the smaller Grade D districts meant that no councils were elected for them and their mayors are still appointed directly by the Minister of Interior. The next (postponed) elections are now due to be held in 2012.

RECOMANDATIONSWhat decentralization process we need to improve Rule of Law Democracy and Governance C. Economic Growth and Stabilization D. Health and Social Issues Identification of areas need to improvement Responsibility Accounting Service departments Government Performance Transfer Pricing and Income Taxes Management Anti-Corruption

Conclusion:

References: