TANGO Regional Forum on Decentralisation & Local Government Act

THE ASSOCIATION OF NGOS (TANGO) ADVOCACY POLICY FORUM Regional Forum on Decentralisation and the Local Government Act Strengthening the Advocacy Capacity of Civil Society in The Gambia

Madi Jobarteh, Program Manager TANGO addressing Participants, flanked by Burang Danjo Program Manager – CU (right) & Kebba K Barrow Program Officer – Networking, TANGO (left)

TANGO Conference Hall (Tuesday 17th July 2012) Forum Report Prepared by Sakou Jobe: Rapporteur – July 2012

TABLE OF CONTENTS SECTION Cover page Table of contents Acknowledgements Abbreviations/Acronyms

PAGE Page 1 Page 2 Page 3 Page 4

Section 1: Context and Background Section 2: Structure and Procedure of the forum Section 3: Highlights of the proceedings/presentations 3.1 Introductory remarks by the TANGO Program Manager: 3.2 Overview of the UNDEF Project by the CU Program Manager: 3.3 Introductory remarks by the Moderator 3.4 Presentation by Magistrate Jallow 3.5 Presentation by Mr. Kejaw Darbo 3.6 Presentation by Mr. Mustapha Jobe Section 4: Issues and discussions based on the presentations Section 5: Concluding remarks

Page 5 page 7 Page 8 Page 8 Page 9 Page 10 Page 11 Page 12 Page 12 Page 13 Page 16

Section 6: Annexes Annex 1: Analysis of the evaluation of the policy forum Annex 2: Presentation1 Annex 3: Presentation 2 Annex 4: Presentation 3 Annex 5: Press Release Annex 6: List of participants showing contact details

Page 17 Page 17 Page 21 Page 30 Page 37 Page 39 Page 43

List of Tables Table 1: Views of participants concerning the policy forum

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List of Photos Cover page: TANGO Program Manage addressing participants A cross section of participants in the TANGO Conference Hall Program Manager CU giving the project overview Magistrate Dawda Jallow making his presentation Mr. Kejaw Darbo responding to issues raised by participants

Page 1 Page 7 Page 10 Page 11 Page 15

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ACKNOWLEDGEMENTS I would like to sincerely thank TANGO and Concern Universal for giving me the opportunity to serve as rapporteur for the Advocacy Policy Forum on Local Governance and Decentralization. I fully appreciate the confidence they had on me to carry out the assignment.

I am grateful to Mr. Kebba K. Barrow (TANGO Programme Officer – Networking) for his support throughout the exercise in particular for providing valuable information and clarifying issues.

I would like to acknowledge the use of photographs courtesy of Mrs Lucretia George TANGO Program Officer - Information and Communication.

Finally I would like to sincerely thank the presenters for enabling me to use their presentation materials for the report.

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ABBREVIATIONS/ACRONYMS

AAITG AG BAC BCC CEO CU CSOs EDF GOV KMC LGA MDFTs MORALTR NA NAOSU NGO TACs TANGO UNDEF PPP VDCs WDCs

ActionAid International The Gambia Attorney General Brikama Area Council Banjul City Council Chief Executive Officer Concern Universal Civil Society Organizations European Development Fund Government Kanifing Municipal Council Local Government Authority Multidisciplinary Facilitation Teams Ministry of Regional Administration Land and Traditional Rulers National Assembly National Authorising Support Office Non Governmental Organization Technical Advisory Committees The Association of NGOs United Nations Democracy Fund Public Private Partnership Village Development Committees Ward Development Committees

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THE ASSOCIATION OF NGOS (TANGO) ADVOCACY POLICY FORUM ON LOCAL GOVERNANCE AND DECENTRALISATION 1. CONTEXT AND BACKGROUND The Government of The Gambia is committed to participatory good governance and balanced development at all levels of society, in particular the local level. In order to fulfill this commitment the Government provided the constitutional and policy framework as well as underlying policy objectives.

Section 193 (1) of the 1997 constitution states that “local government administration in The Gambia shall be based on a system of democratically elected councils with a high degree of local autonomy”. Section 214 (3) further stipulates that “the State shall be guided by the principles of decentralisation and devolution of government functions and powers to the people at appropriate levels of control to facilitate democratic governance”. Section 192 (4) provides for issues concerning local policy and administration to be decided at the local level and for local government authorities to cooperate with the Central Government in adopting a decentralisation policy.

In the Vision 2020 document, the Government again emphasized good governance and stressed the need for decentralisation in order to secure grassroots participation in national development.

A National Governance Policy was adopted in 1999. This was followed by the Local Government Act promulgated in 2002. It made provisions for the establishment of city councils, municipalities and area councils (together referred to as local government authorities) as well as their districts of jurisdiction. The Act also stipulated the powers, functions and duties of the local government authorities. Amendments to the Act were effected in 2004, 2006 and 2007. The 2006 amendment provided for the creation of the office of the Paramount Seyfo.

In 2004, the Local Government Finance and Audit Act was enacted to provide a legal basis for political and fiscal decentralisation in The Gambia. It was amended in 2007 and in 2009, a Financial and Accounting Manual for Local Government Authorities was produced for Local Government Authorities. Also in 2009 a National policy on Decentralisation and Local Development in The Gambia was formulated.

The Local Government Act mentions that devolution of powers, responsibilities and duties shall follow a gradual process taking into account the capacity of the councils. In addition to legislative and administrative powers the councils are also charged with development responsibilities in particular the provision of social services. Thus the significance and role of councils in national governance and development is of great importance. Equally important is the contribution and impact expected from the local councils country - wide.

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However opertionalising an effective political and institutional decentralisation process is not an easy matter. The challenges are numerous: it is a long term process; it is resource demanding and needs adequate preparation including capacity building and the realignment of structures, systems and procedures.

The Government of The Gambia received support from donor partners to implement the decentralisation strategy. The European Union through the European Development Fund (EDF) assisted Local Government Authorities especially in building their capacities in the areas of participatory and decentralized planning and budgeting at village, ward and Council level. At the central level support involved the formulation of the enabling policies and legislation and their dissemination within the Local Government Authorities.

However, the fact remains that the local councils in general have been unable to adequately fulfill their mandate and responsibilities. This is to a great extent due to inadequate institutional and human resource capacity as well as the limited and narrow revenue base of the councils, especially those in the rural areas. The pace of decentralisation has been slow. Poverty is prevalent in both rural and urban areas and the provision and access to social services are poor and inadequate.

The Association of NGOs (TANGO) is committed to strengthening NGO participation in development processes, public policy and good governance. Both TANGO and the NGOs (operating in all the regions of the country) are strategically placed to support and facilitate the decentralisation process. Indeed, some NGOs have supported the sensitization and training of Village Development Committees (VDCs) and Ward Development Committees (WDCs) and the establishment of Apex groups to further empower local communities.

While much has been contributed by NGOs/CSOs to national development in terms of social services, infrastructure development and capacity building, relatively less has been done in the area of advocacy to influence public policy in favour of poor communities. Some NGOs have adopted a rights-based approach in their programme interventions but a critical mass of action is required to enable NGOs/CSOs have the capacity to meaningfully influence public policy and legislation and enhance national governance and development.

It is in response to this challenge that TANGO entered into a partnership with Concern Universal, with funding from the United Nations’ Democracy Fund (UNDEF) to implement a 2- year project (January 2012-December 2013) aimed at strengthening the capacity of Civil Society in The Gambia.

The project has the following three objectives: To raise awareness of TANGO, its members and government of the potential for joint policy engagement.

To equip TANGO and its members with skills, knowledge and resources for their engagement with Government on issues of concern to civil society in The Gambia.

To provide a platform for ongoing and meaningful Government – civil society dialogue.

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As part of the project activities a one - day advocacy policy forum was organized by TANGO and held on 17th July 2012 at the consortium’s conference hall. The forum focused on local governance and decentralisation with particular reference to the Local Government Act. The objective of the forum is to allow NGOs and Government agencies to discuss issues surrounding local governance with a view to enhancing national development particularly in the rural areas. It is envisaged that such engagement will strengthen better understanding and collaboration between Government agencies and NGOs at the local level. It is also expected to strengthen NGO participation in public policy, good governance and development processes.

2. STRUCTURE AND PROCEDURE OF THE FORUM The forum was designed to benefit from the participation and contribution of competent resource persons and a good mix of participants from the NGO/CSO community and Government. The event was preceded by the issuing out of a detailed press release providing adequate and relevant information concerning its rationale, broad content and expected outcomes.

Each of the resource persons was assigned a topic of relevance to decentralisation and the Local Government Act. Each presentation was followed by contributions from the participants. They included issues for clarification, sharing of experiences and suggestions for improvement and follow up.

A moderator was identified to manage the proceeding of the forum.

A rapporteur was also assigned to document the deliberations.

A cross-section of participants in the TANGO Conference Hall

Media personnel were invited to cover the event. The forum was attended by journalists from the following media houses: Taranga FM, The Standard News Paper and The Point Newspaper. It was aired live on Taranga FM 97.5 Mhz.

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2.1 The following topics were presented by the discussants: Discussant/Presenter (1): Magistrate Dawda Jallow – Kanifing Magistrate’s Court Topic: Critical Analysis of the Local Government Act and Decentralisation Program Discussant/Presenter (2): Mr. Kejaw Darbo, Principal Decentralisation Officer – Resource Mobilisation – Ministry of Regional Administration, Land and Traditional Rulers Topic: Building Partnerships and Resources for Local Governance Institutions for Effective and Quality Service Delivery Discussant/Presenter (3): Mr. Mustapha Jobe, Principal Decentralisation Officer – Quality Control – Ministry of Regional Administration, Land and Traditional Rulers Topic: Overview of Decentralisation and Local Governance Programme Chairing and Reporting: Moderator: Mr. Lamin Nyangado, Head of Policy, ActionAid International The Gambia Rapportuer: Mr Sakou Jobe Development and Governance Consultant.

3. HIGHLIGHTS OF THE PROCEEDINGS/PRESENTATIONS 3.1 Introductory remarks by Mr. Madi Jobarteh - Programme Manager TANGO Mr. Madi Jobarteh, the Programme Manager of TANGO welcomed the participants and introduced the policy forum. He noted that Mr. Ousman Yabo, the Executive Director of TANGO was not present at the session (because he had to go to Banjul to attend a meeting at the Office of The Vice President) and extended his apologies. Mr. Jobarteh recognized the presence of the good range and mix of participants from various sources (Government, National Assembly, board members, NGOs/CSOs, the private sector and the media) and acknowledged the efforts they have made to attend the event.

Mr. Jobarteh elaborated on the importance of the policy forum and underscored the important role of advocacy in promoting national development, noting that whatever we do as NGOs/CSOs is done within a policy framework. He emphasized the importance of building and strengthening the advocacy capacity of the various actors, stakeholders and partners in the development sector which makes the policy forum a timely intervention.

Both TANGO and Concern Universal recognized this fact and teamed up to contribute towards enhancing local governance through the current project, with funding from the United Nation’s Democracy Fund.

The TANGO Programme Manager was pleased to note that the presenters and moderator were seasoned individuals who would add value to the deliberations.

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3.2 Overview of the UNDEF Project by Mr. Burang Danjo - Programme Manager - CU Mr. Burang Danjo gave an overview of the project being jointly implemented by TANGO and Concern Universal. He outlined the objectives (already introduced in Section 1 above), activities, outcomes and milestones (presented below): Project Activities The project shall carry out the following activities: Strengthening the advocacy unit in TANGO; Conducting a perception study; Developing an advocacy strategy for TANGO; Conducting 6 advocacy dialogue forums (this forum being the first to be organised); Conducting Regional sensitization exercises for Government and CSOs); Conducting study tours to Ghana and Nigeria (participants to be identified in due course).

Project Outcomes It is expected that the project shall have the following outcomes: Increased level of understanding established between Government and civil society in The Gambia as a result of the impact of joint dialogue; Increased capacity of TANGO and its members to engage on issues of concern to civil society in The Gambia; Increased opportunity for Gambian civil society engagement with Government.

Project Milestones The milestones are as follows: Six quarterly forums held between civil society and Government (the first one is the Advocacy Policy Forum on Local Governance and Decentralisation); Holding of the second NGO Week (need to renegotiate with the donors concerning the use of budgeted funds since the NGO Week is now planned to be held every two years); Production of a final report including certified financial statements).

Emerging issues and food for thought He said Concern Universal, TANGO, NGOs/CSOs should continue engaging government on policy issues. It is important to help TANGO look at issues related to its mandate /mission and also to assist NGOs/CSOs strengthen their touch base capacity and strategy. The policy dialogues including those to be held at regional level provide an opportunity for participants to share ideas and experiences. It is important to reflect on the perception of the people concerning the functions of TANGO and NGOs/civil society regarding engagement with Government. He said it is necessary and important for TANGO members to be involved in the development of the TANGO advocacy strategy so as to enrich it and ensure broad based ownership.

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It is proposed that the study tours shall include the TANGO Programme Manager, 2 people from civil society organizations and 2 members of the National Assembly.

The proposal is however subject to review in due course.

It is considered logical for the first Burang Danjo Program Manager, CU giving the project overview

one to be conducted in Ghana, given the country’s rich history and experience in the democratization and governance process in Africa.

It would provide the participants (and subsequently others through sharing) an opportunity to learn about and know how Ghanaian NGOs/CSOs engaged with Government in terms of public policy and good governance.

Mr. Danjo concluded by reiterating that Concern Universal is delighted to work with TANGO and its members to build capacity for the consortium and its members including CU itself in line with the project objectives. With increased capacity TANGO and its partners would be able to input meaningfully into Government policy and facilitate smooth operations. He informed the participants that the donor was supposed to send a representative to attend the policy forum in the capacity of an observer; they have instead identified someone locally to play that role.

3.3 Introductory remarks by Mr. Lamin Nyangado - Moderator The TANGO Programme Manager invited the Moderator to sit at the high table and continue business. Mr Lamin Nyangado took the opportunity to make some useful introductory remarks/comments. He noted that our role as civil society is to engage effectively. He commented that dcentralisation has being going on for a very long time – since the era of the colonial administration. The colonial administrators tried to implement decentralisation but it had deficiencies. They were driven by the need to administer their territories better and created administrative structures to enable them achieve their goal.

In the post colonial period, governments tried to imitate the colonial administration. They put in place mechanisms to show that they tried to implement decentralisation. They virtually followed the colonial approach and structure.

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A lot of documentation on policies and programmes was done but there were still a lot of challenges. In actual fact policy formulation is a process issue; thus when policies are being formulated the people who have a stake in them should be involved in the process not just those at the helm of matters.

Mr. Nyangado noted that all the presenters were from the public sector; it would have been good to have an opposite view from other sectors. He was optimistic however that the participants representing the other sectors would perhaps input their perspectives. He further emphasized that quality service delivery is very important – an issue recognized by CU, TANGO and its members/partners. Any engagement in public policy and advocacy should make it a major point of reference.

3.4 Presentation by Magistrate Dawda Jallow Magistrate Dawda Jallow’s Power Point presentation was very detailed and elaborate. It also took into account amendments made to the Local Government Act 2002 over past 10 years. It outlined all the essential components and administrative procedures of the Act. Issues mentioned included: the objects of the Local Government Act; structure and composition (LGAs and Councils); considerations for setting up Decentralisation and Local Government structures; election procedures and term of office of officials (including eligibility and disqualification criteria); functions and powers of local government institutions: general, legislative and devolution); governance and management (including by-elections and meeting procedures).

Other important issues concerned: development structures (Village Development Committees (VDCs), Ward Development Committees (WDCs), Technical Advisory Committees (TACs); financial provisions, traditional authorities (including their appointment and functions); inspection, monitoring and coordination of Local Government Areas and legal provisions.

Magistrate Dawda Jallow making his power point presentation 11

3.5 Presentation by Mr. Kejaw Darbo Mr. Kejaw Darbo’s Power Point presentation overlapped with that of Magistrate Jallow in some respects, though the focus was on building Partnerships and Resources for Local Governance Institutions for Effective and Quality Service Delivery.

It covered useful areas including the following: The current legal framework for decentralisation and local development (covering decentralisation legislation and amendments); LGA establishment of institutions such as Councils, Wards, VDCs, WDCs, TACs; Management and Administrative Structures of the local government institutions; Local Government Finance and Audit Act 2004; Local development and financial resources; Subventions from Central Government because of the weak revenue base of the councils; Services provided by the Local Government Authorities; Devolution of competencies (functions, services and powers) vested in the Ministry of Regional Administration, Land and Traditional Rulers to Local Councils; Seven steps quality local government service delivery approach, namely: 1.

2.

3.

4.

5.

6.

7.

Total management /commitment Know Your Local Government Areas Develop Standards of Service Quality Performance and enforce them Good dedicated Staff Hire qualified contractors/service providers Stay Close to Your Local Government populace Work towards Continuous Improvement in service delivery

Public - private partnerships (principles and conditions); Trust as the foundation of governance and management; Managing the social dimension s of Public-Private Partnerships and contracting; Case study examples of Public-Private Partnerships from the UK and Nigeria 3.6 Presentation by Mr. Mustapha Jobe Mr. Mustapha Jobe’s presentation was an overview of the Decentralisation and Local Governance Programme. Though brief, it complements the more detailed accounts given by Magistrate Jallow and Mr.Kejaw Darbo.

The salient points of the presentation include the following: Government’s commitment and to be guided by the principles of decentralization and devolution of government functions and powers to the people at appropriate levels of control to facilitate democratic governance;

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Constitutional provision and policy statements for Decentralisation and local governance, citing the 1997 Constitution and Vision 2020 respectively; Decentralisation as a complex cross-cutting issue and a long – term political process requiring a lot of financial investment and elaborate preparation; and a matter of concern to a wide range of stakeholders; Government’s resolve to pursue an intensive political and institutional decentralisation process to encourage participatory government and balanced development; Policy documents/instruments developed and circulated to all councils and other stakeholders, by the Ministry for Regional Administration, Land and Traditional Rulers.

These documents are outlined below: 1. The Local Government Act 2002 was established (and later amendments) and the holding of local council elections. The Principal Act was amended in 2006 which gave birth to the office of the Paramount Seyfo and the same Act was also amended in 2007.

2. The Gambia Local Government Staff Service Rules.

3. The Local Government Finance and Audit Act 2004.

4. National policy on Decentralisation and Local Development in The Gambia 2009.

5. Financial and Accounting Manual for Local Government Authorities in 2009.

6. Schemes of service for the Local Government Service.

7. Establishment of the Local Government Service Commission Regulations and a series of amendments carried out on the Principal Act. 8. Establishment of the Rent Tribunal Act. 9. Draft consultancy report on the proposed Local Government Pension Scheme which is yet to be validated.

Conducted a high level consultation workshop on managing change in Local Government 7-10 April 2008 through funding from the Commonwealth Secretariat.

Conducted a project design, proposal development and project management training workshop for councilors in The Gambia from 26-28 October, 2009 also funded by the Commonwealth Secretariat.

Mr. Jobe ended his presentation by emphasizing that the Ministry will continue to vigorously pursue fundraising opportunities from potential donors like EU and NAOSU amongst others in order to accelerate the Decentralization process.

4. ISSUES AND DISCUSSIONS BASED ON THE PRESENTATIONS The presentations were followed by questions and contribution from the participants. The presenters responded to questions and made clarifications on various issues raised by participants. Important contributions and issues discussed are highlighted in this section.

Participants were generally pleased with the presentations especially that of Magistrate 13

Jallow. They appreciated the relevance, timeliness and usefulness of the forum and the benefits they have gained from it. Some requested to have hand outs based on the presentations and for more comprehensive training to be conducted in future for NGOs/CSOs to broaden their knowledge base.

The moderator stated that when we engage in political and policy dialogue, we must position ourselves according to the issues; this will help us to stay focused. We should also consider the legal framework at all levels of dialogue and engagement.

It was noted that decentralisation is about shifting power relations and citizens should understand what their position is. In relation to power and authority, Magistrate Jallow reminded participants that the electorate has the constitutional power and right to recall councilors if need be (for example where such councilors fail to deliver on their mandate to serve the people).

An interesting issue shared with the participants is the fact that people can take councils to court based on legitimate reasons in the same context that councils take legal action against people , for example those who default in the payment of rates and taxes.

Magistrate Jallow emphasized the important role of civil society organizations in nominating members of the Local Councils according to the provision of the Local Government Act which states: “Nominated members shall be proposed by the civil organisations or interest groups they represent, and appointed by the Chairperson with the concurrence of the Minister�.

A lot of discussion centered on the provision for development stakeholders to channel their development plans through the councils, to ensure an integrated bottom –up planning and implementation of development activities as well as accountability to the people. Generally this is not happening (except in very rare cases) and is contrary to the spirit of decentralisation. It is an area of accountability where civil society is seen to be faulty and need to address to strengthen the councils and promote regional development.

It was noted that the Ministry has a strategic plan but that not all the councils have strategic plans. To date only Kerewan and Kuntaur Area Councils have strategic plans but these have not been fully implemented due to funding constraints. The plans do not also incorporate those of NGOs/CSOs operating in the Local Government Areas. This again is a matter for follow up by the Ministry and stakeholders. On a good note the participants were informed that while in the past councils used manual accounting systems, they now use computerised accounting packages and that all Finance Directors are trained.

The point was noted that civil society wants to hold Government and other partners accountable, so they too must hold themselves accountable. The issue of enforcement of such regulations pertaining to decentralisation and local governance remain a challenge for both Government and NGOs/CSOs. 14

It was clear that participants had some misgivings regarding the successful implementation of the decentralisation programme. While noting that the rate has been very slow, generally councils are financially under-resourced.

The Moderator clarified that decentralisation has indeed been happening at different levels; that it is going beyond deconcentration: laws have been enacted, structures have been established and Government Ministries have decentralized certain aspects of their operations.

A detailed discussion centered on the general inability of the councils to fulfill their obligation to the people. The poor and inadequate provision of social services to the people was widely lamented (e.g. roads, streetlights). This has earned councils a negative image and label: “not doing anything meaningful for the people; promises not kept�.

Presenter Kejaw Darbo Principal Decentralisation Officer – Resource Mobilization- responding to issues raised by participants

The intensity of the contributions from participants showed how concerned they were about this issue of council accountability. Certain initiatives supported by donors were discontinued after the donors withdrew their support, due to lack of ownership and means to sustain them. Examples include the training of VDCs and WDCs in Kuntaur and Basse LGAs by AAITG. Brikama Area Council was cited as an example but is undoubtedly not an exception. The Public Relations Officer of Brikama Area Council (BAC) tried to justify the reasons for the shortcomings of the BAC quoting default on the payment of rates and taxes as the main cause. Participants however acknowledged the fact that the success of the councils depends on a dual responsibility involving the councils and the citizenry.

It was agreed there is a need for continuous frank and transparent dialogue between the two parties. Taking each other to court for individual responsibilities to be fulfilled is not the ultimate solution. This challenge is therefore a useful area for NGOs/CSOs to intervene in and TANGO is strategically placed to play a lead role in this regard. .

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5. CONCLUDING REMARKS The Moderator emphasized NGOs/CSOs should do more to enhance people’s participation in decision making, noting that decision making is another aspect of decentralisation. Awa Janneh Lewis of the Gambia Family Planning Association (GFPA) speaking on behalf of the participants said that a lot has been learnt and that the forum has been an eye opener to everyone including the Area Council members. The Ministry officials have taken on board the concerns raised and would do their best to better manage the decentralisation process.

She said by working together we will achieve the good will of decentralisation and that all colleagues should take on board the comments made and give support without which the process will not go on well. She thanked the donors, TANGO and presenters for having created the enabling environment for this important forum to be conducted successfully.

Mr. Yabo, the Executive Director of TANGO thanked all the facilitators, presenters and participants. He said that CSOs are into sensitizing people on issues that affect us.

Sometimes it becomes a taboo to talk about such things but we must do so because this in our country and we want to register progress. He clarified that targeting Area Councils does not mean that we are merely criticising them noting that CU and TANGO provide support in the right direction. Both Area Councils and the citizenry have their individual problems and need to cooperate to sort them out together. Mr. Yabo urged participants to talk to the people and the councils adding that the private sector should also be involved in the process and support matters concerning decentralisation and local governance.

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6. ANNEXES Annex 1: Analysis of the Evaluation of the Policy Forum Participants were requested to do two different sets of evaluation forms. One set was completed by 8 participants (all of them Heads of Organizations/Institutions) and the other by 20 other participants. Below is an analysis of the evaluation.

SET 1: TANGO-CU ADVOCACY PROJECT EVALUATION FORM The participants were requested to rate each assessment areas considering 2 options: Strongly Agree Strongly Disagree Activity Management (5 assessment areas: TANGO, Presenters/moderator) Activity site adequate in size, comfortable and convenient Activity administration was well organised: effective time management Activity objectives were consistent with the output presentations and discussions Audio-visual materials used were relevant and of high quality The moderator provided effective management of time and discussions Four (4) aspects reserved for resource persons/moderator Resource persons demonstrated a comprehensive knowledge of the subject Resource persons appeared to be interested and enthusiastic about the subject Resource persons spoke clearly and distinctly Resource persons encouraged questions and participation Three (3) aspects directed at TANGO TANGO staff demonstrated efficiency and friendliness Overall, I would rate the conduct of this activity Overall, I would rate the capacity of TANGO Assessment Results Overall, the assessment results were very positive confirming the fact that participants appreciated the policy forum.

Four (4) out of the 8 respondents gave the rating: Strongly Agree for all the aspects of the assessment. This indicates they were very satisfied with the performance of the resource persons, moderator and TANGO. Respondents were unanimous that Magistrate Jallow’s presentation was of high quality. One respondent commented that the presentation was very interesting and should have been given more time.

The 4 other respondents for the most part about ž) gave the rating: Strongly Agree.

The areas rated Strongly Disagree concerned the following: 17

1. Activity Management (5 assessment areas: TANGO, Presenters/moderator) Activity objectives were consistent with the output presentations and discussions: Rated by 2 participants; 2. Four (4) aspects reserved for resource persons/moderator Resource persons demonstrated a comprehensive knowledge of the subject Rated by 2 participants (referring to Mr. Kejaw Darbo and Mr. Mustapha Jobe) Resource persons appeared to be interested and enthusiastic about the subject Rated by 3 participants (referring to Mr. Kejaw Darbo (2) and Mr. Mustapha Jobe (1) Resource persons spoke clearly and distinctly Rated by 2 participants (referring to Mr. Kejaw Darbo and Mr. Mustapha Jobe Resource persons encouraged questions and participation Rated by 1 participant (referring to Mr. Kejaw Darbo The assessment areas dedicated to TANGO were rated: Strongly Agree by all the respondents. This indicates that TANGO staff demonstrated efficiency and friendliness, high capacity and that the activity/forum was well conducted.

SET 2: REGIONAL FORUM ON DECENTRALISATION & THE LOCAL GOVERNMENT ACT This aspect of the evaluation concerned 4 assessment areas and a comments section, namely: To what extent were your expectations met?

How different would you want to have this done the next time?

What aspects went well for you?

Which areas need more work/improvement?

Comments (positive or negative) Assessment Results Here again, the large majority of participants were very positive about the forum. Five (15) out of the evaluators were happy that their expectations were met. Only 5 of them said their expectations were partly met. It is important and good to note that a lot of the opinions an comments given refer to the content of the presentations and not just on the organizational and administrative aspects of the event. The information collected is captured in the table 1 below:

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Table 1: Views of respondents concerning the Policy Forum No 1

What extent expectations met Met very well happy about forum

2

Not fully met

3

Good forum More clear about issues Highly met

4

What to do differently Next time Invite more stakeholders from various departments Invite district authorities Organize more forums; more awareness Go into more depth on issues

5

Good; LGA now Conduct detailed training for CSOs understood

6

Met very much

7

Met 70%

8

A very little extent; little impact on decentralisation Particularly met

9 10

50% some questions not answered

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Able to share experiences with others Fairly met

12 13

Allow more time for questions Extend duration to 2 or 3 days Invite council chairpersons and CEOs Provide handouts; at least 2 Be prepared to answer questions well Bring CSOs & private sector together More thoroughly

Excellent on Invite the Legal dealing aspects CSOs

LGA with

What aspects Areas needing went well more work improvement Magistrate Collect tax and Jallow’s rates from yard presentation owners to meet needs Low revenue Decentralisation collection by process is to slow councils Magistrate Invite more Jallow’s council members presentation Presentation Time and management; moderation provide handouts Magistrate All the other Jallow’s presentations presentation Topics were Improve skills to well chosen better engage participants Almost all Mr. Kejaw presentations Darbo’s went well presentation Magistrate Mr. Mustapha Jallow’s Jobe’s presentation presentation Magistrate Area Councils Jallow’s need some presentation improvements I now know The duration the LGA Act should be better extended

Comments (positive negative) Positive and done

or well

Number streets to know how much revenue to collect Positive move; the forum is satisfactory Good and informative forum No comments Good overall

workshop

Most stakeholders attended, the forum went well Councils need to be more accountable

Have learnt a lot about LGA and decentralisation Improve the ventilation; introduce the participants Magistrate Improve the Was ok. and very Jallow’s other timely; improve on presentation presentations the deliberations The legal VDCs The Councils not aspects serving communities as expected Magistrate LGA versus the Applaud CU and Jallow’s Civil Society UNDEF; organize presentation Organisations more forums 19

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15 16

17

18

19

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Quite satisfied Should have Succinct with the lasted more presentations presentations than a day and highly interactive Met concerning All Magistrate the LGA presentations Jallow’s done well presentation Met; very well Focus on the The role of the sensitized needs of the councils private sector towards tax payers Learnt a lot of Good first Magistrate things; share presentation; Jallow’s with others include presentation constraints Met. Good Need to Better time policy dialogue develop and management plus way use strategic and better forward plans comments Fairly met All councils Organization should be part structures and of this forum their selection 90% met

Increase duration

more Radio broadcast may on make some participants uneasy to contribute view Mr. Kejaw Very good work done Darbo’s by all presenters presentation Decentralize Positive: Good powers to civil knowledge gained; society; better Negative: poor manage revenues council performance Look at the Sensitize councils’ effective communities; do step and quality down training; use service delivery statistics Need more This is the way wireless forward in microphones enlightening the public All stakeholders Project is long to attend and overdue; need to be media extended from 2 to 5 sensitization years the All the No comments Theme is unique; presentations need more forums

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Need dialogue policy

Annex 2: Presentation 1 CRITICAL ANALYSIS AND REVIEW OF THE LOCAL GOVERNMENT ACT ON CSO OPERATIONS The 1997 Constitution  S.193(1) Local government administration in The Gambia shall be based on a system of democratically elected councils with a high degree of local autonomy.  An Act of the NA shall provide for the establishment of city councils, municipalities and area councils (together referred to as LGAs) Objects of the LG Act, 2002  to establish and regulate a decentralised local government system for The Gambia;  to make provision for the functions, powers and duties of local authorities and  for matters connected therewith Part I - Preliminaries  "Alkalo" /"Alkalolu" mean a village head person/(s);  "District Authority" is constituted by the Seyfo of the District as Chairperson and all the Alkalolu within the District (see S.132);  "Local Authority" includes a Council and District Authority;  "Local Government Authority" means a Council established under this Act; PART II – LOCAL GOV. AREAS  S.3(1) For the purpose of local administration, The Gambia shall be divided into the Regions, Areas, Cities, and Municipalities set out in Part I of Schedule I to this Act.  (2) The geographical boundaries of each Local Government Area shall be demarcated by the IEC on the request of the Ministry Part I of Schedule I A-Local Gov. Areas

B-Councils

1.Central River Region 2.Lower River Region 3.North Bank Region 4. Upper River Region 5.West Coast Region 6.City of Banjul 7.Kanifing Municipality

Kuntaur and Janjanbureh Area Councils Mansakonko Area Council Kerewan Area Council Basse Area Council Brikama Area Council Banjul City Council Kanifing Municipal Council

S.6 Considerations for Demarcation  views of the local inhabitants of the area  the density of the population; 21

 geographical features;  Existing boundaries of LG Areas; and  Economic potential-the ability of the LG Area to provide basic infrastructure & orther Dev. needs from human, financial & orther resources  any consideration of the ethnic origin of the inhabitants shall be disregarded PART IIA – LG ELECTIONS & TERM  S.9A LG elections shall be held every four years provided that there shall be at least 12 months between any LG election and NA elections.  9A. (1) A LG Council shall stand dissolved 90 days before a LG election.  The president shall appoint, for each LG Area, an Interim Management Team, Term of the Interim Management Team  The Mgt team are to perform the functions and exercise the powers of a Council until the day preceding the first meeting of a Council after a LG election Part III - LOCAL GOV. COUNCILS  S.10(2) Each Council shall be a body corporate  (3) Each Council shall have perpetual succession and a common seal with power to sue and be sued in its corporate name.  (4) The Minister may, by Order published in the Gazette, establish additional Councils.  (5) Each Council shall be vested with the legislative power (i.e. passing by-laws) of the LGA and be answerable to the Governor.

Composition 1  A Chairperson elected according to S.13 • A Mayor(ess) shall be elected by all eligible voters in the LGA • A Chairperson shall be elected by the Councillors from among the Councillors at the first meeting of Council after elections  A member elected by each Ward  A Seyfo rep. selected by all the Seyfolu  an Alkalo rep. selected by all the Alkalolu in the Kanifing Municipality Composition 2  A youth nominated to rep. the youth in the Area  a woman nominated to represent women's groups in the Area whenever more than 2/3 of the elected members are male;  Nominated members of not more than 1/5 of the elected members representing local, commercial and social interest groups 22

Composition 3  Nominated members shall be proposed by the civil organisations or interest groups they represent, and appointed by the Chairperson with the concurrence of the Minister.

The Chairperson of a City Council or Municipal Council shall be known as the Mayor or Mayoress, as the case may be.

Term of Chairperson  the term of office of a Chairperson expires on the dissolution of the Council.  a Chairperson may be removed from office by the President.  A Chairperson, unless he or she resigns, is removed from office or becomes disqualified, shall be eligible for re-election for two further terms of office.

Qualifications for Councillors  is a citizen and not less than 21 years  Is a registered voter  is ordinarily resident in the LGA for an aggregate period of at least 12 months for the preceding 4 years  Speaks proficient English to partake in the proceedings  Declared his/her assets and paid all taxes/rates or made sufficient arrangements to that effect Further requirements for Chairperson  Is at least a secondary school graduate  Is not less than thirty years old Disqualifications1           

is of unsound mind; sentenced to death/imprisoned for fraud, etc convicted of an offence relating to elections; disqualified from practising his profession on grounds of malpractice, fraud, etc.; exempted from payment of rates; is a member of a disciplined force; is a Member of the NA; A District Seyfo or an Alkalo; an undercharged bankrupt; holding judicial office; member of the IEC. 23

Nominations     

Mayor/Mayoress - to be nominated by 150 voters; Councillor – to be nominated by 75 voters; Pay a deposit of: D2,500 for Mayor/Mayoress; and D1250 for councillor; • To be returned when candidate polled at least 15% of the votes cast for the elected candidate

Term     

S.17(7) No person shall (a) Be eligible for election for more than 3 terms of office; (b) Be eligible for nomination for more than 2 consecutive terms of office; or (c) At any one time, be a member of more than one Council.

(8) A Councillor shall hold office for a term of 4 years and is eligible for re-election.

Cessation of office of members-s.19      

Upon death Upon revocation of original mandate (not to contest for the next 2 terms) upon resignation becomes disqualified Is removed from office Is absent from more than 3 consecutive ordinary meetings without written permission of Chairperson

By-elections –s.23  Where an elected member of a Council ceases to hold office under sections 19 to 22 of this Act, a by-election shall be held within two months to elect another person to replace him or her; except that where he or she ceased to hold office within six months before the end of his or her tenure of office, no by-election shall be held.

S.28 Meetings of the Council  The Governor or the CEO in the case of BCC & KMC shall appoint a date for the first meeting of a Council after a LG election and, thereafter, Council meeting shall be convened at least once a month by the Chairperson  S.30 Every Council meeting, other than a committee meeting, shall be open to the public.  Minutes taken in English but discussion s could be in any Gambian language common to LG Area.

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Committees –s.34      

Finance Establishment Development Such other committees Joint committees of Councils –s.39 2/3 majority needed to dissolve a committee

Administration  CEO manages the affairs of the Council under the control & direction of Council  CEO is responsible for the day-to-day performance of the executive and administrative functions of the Council and the implementation of all its decisions  CEO is the accounting officer of the Council  CEO is an ex-officio member of all Committees of the Council Departments –S.46     

Finance; Services; Planning and Development; and Administration.

Each Department shall be headed by a Director

PART IV - POWERS & FUNCTIONS OF LG INSTITUTIONS     

General Powers Exercise all political & executive powers and functions; Provide services as it deems fit; Promote on a sound basis community development and self help; Perform such functions as deemed necessary to facilitate, or are conducive or incidental to, the discharge of any of its function;

Protect the Constitution and other laws of The Gambia and promote democratic governance; and  Ensure implementation and compliance with Government policy.  perform and carry out the functions and services specified under Part II of Schedule II. Devolution –S.49  A Minister may, after consultation with the Minster, devolve functions, services and powers vested in that Ministry a Council.

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 A devolution shall not be effected unless  The Government and the Council are in agreement;  Adequate human, financial and material resources are made available for the performance of the functions, provision of the services and the exercise of the power, so devolved; and  Appropriate measures are taken to bring the change to the attention of the public.

A Council may request that it be allowed to perform the functions, provide the services or exercise the powers for which devolution has been provided.  Where a request made by a Council is not granted within six months of the submission of the request to a Minister or authority, the request may be made to the President, who shall, within three months of the receipt of the request, determine whether the request ought to be granted.  The decision of the president shall be final.

The devolution of functions, services and powers from the Central Government to Councils shall be effected gradually and shall take into account the capacity of a Council to perform the functions, provide the services and exercise the powers –s.51.

Legislative Powers  A Council shall have powers to make laws not inconsistent with the Constitution or any other law made by NA.  Exercised by the passing of local bills into By-laws signed by the Governor.  A local bill passed by a Council shall first be forwarded to the Minister, who shall request the AG to advise him/her on its legality.  Where the Minister, on the advice of the AG, is of the opinion that the local bill is not inconsistent with the Const. s/he shall certify it and send for the Governor to sign.

Education      

Power to establish schools Ensure that Council schools are properly monitored and supervised Establish a Local Education Committee Transfer of Gov. Schools to Council Enacting Education by-laws Similarly for agriculture, Natural Resources, Public & Environmental Health, Roads, Land transactions and Miscellaneous powers

Development –S.90  Planning • Every Council shall be the planning authority for its Area, and may plan and implement any programme or project for developing the infrastructure, improving social services, developing human and financial resources and for the general upliftment of the community.

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 Every Council shall prepare a comprehensive and uninterrupted development plan for its Area incorporating all ward plans; Co-ordinate all donor support;  Approve all project agreements;  In performing its development functions, a Council shall adopt such processes and procedures and ensure that the communities are involved in the conception and execution of development plans  Central Government technical departments operating within the area of jurisdiction of every Council shall support the development process of the Council through extension workers operating at ward and village levels.

Development Structures  VDCs • Every Council shall keep a register of VDCs and may make By-laws for• the registration and monitoring of their activities • the proper management and auditing of their resources; and • for such other matters as deemed necessary  WDCs  TACs  Local Government Service Part VII –Financial Provisions  S.127 Subject to this Act or any other enactment, every Council shall have autonomy over its financial matters  The revenue and funds of a Council shall be applied to the administration, dev. and welfare of the inhabitants in its jurisdiction  The Central Gov. shall provide 25% of the Council's development budget  Every Council shall be answerable and accountable to its electorate for all moneys which accrue to the Council from the electorate PART VIII - TRADITIONAL AUTHORITIES  131A established National Council of Seyfolu consisting of: • Paramount Seyfo who shall be chairpaerson • All the Seyfolu in The Gambia  Responsibilities • Settling disputes affecting the Seyfolu in The Gambia; and • Dealing with matters relating to administration of justice, and social, developmental, cultural and traditional issues the Paramount Seyfo shall convene and host a meeting of the Council at least once in a year at such time and place as he or she may determine  The decision of the Council shall be by simple majority of the Seyfolu present 27

 Paramount Seyfo to have casting vote  Quorum shall be 2/3  Budget to be funded by Government Paramount Seyfo –S.131B  appointed by the President from among the Seyfolu in The Gambia  shall be appointed for period of two years on a rotational basis  shall preside at meetings of the National Council of Seyfolu District Authority  Seyfo of the District as Chairperson and all the Alkalolu within the Distric  The President shall appoint a District Seyfo in consultation with the Minister  Qualifications • Is a citizen and not less 30 years • is resident in the District concerned • is knowledgeable in the customs, traditions, culture and customary laws of his/her District Duties of a Seyfo  Promote good order and stability in his or her District;  Preside over the DT and hear and determine matters over which they have jurisdiction;  Promote the general well being of the District and its people;  Safeguard the traditions, customs and culture of the District;  Keep a register of every village in the District;  Alone perform the functions of the District Authority Alkalolu –S.141-143  Each village shall have an Alkalo who shall be the headperson for the village.  The Minister responsible for LG shall appoint an Alkalo in consultation with the Governor and District Seyfo.  The Minister shall take into account traditional lines of inheritance.  Qualifications • Is a citizen of The Gambia; • Was born and is resident in the village; and • is knowledgeable in the customs, traditions, culture and customary laws of the village, PART IX - INSPECTION, MONITORING AND CO- ORDINATION OF LGAs  S.148. The coordination of, and advocacy for LGAs as well as policy issues shall be the responsibility of the Ministry of Local Government.

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 Monitor and co-ordinate Central Gov. initiatives and policies as they apply to LG and ensure harmonisation  Co-ordinate and advice persons and organisations, in relation to projects involving direct relations with Local Governments Taking over LG Administration By the President  S.152 The President may, with the approval of a simple majority of the votes of all the members of the NA, assume the executive powers of any LGA for 90 days: Where the Council so requests and it is in the public interest to do so;  Where it has become extremely difficult or impossible for a Council to function.  where a state of emergency has been declared in that Area or any part thereof or in The Gambia generally PART X – MISCELLANEOUS  S.153 Legal Provisions  No suit shall be commenced against a Council until at least one month after written notice of intention to commence the suit has been served on the Council by the intending plaintiff or his agent.  An action shall not be entertained unless it is commenced within 12 months after the act, neglect or default complained of, or in the case of continuing damage or injury within twelve months after the date of cessation

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Annex 3. Presentation 2 BUILDING PARTNERSHIP AND RESOURCES FOR LOCAL GOVERNANCE INSTITUTIONS FOR EFFECTIVE AND QUALITY SERVICE DELIVERY Presented by Pa Kejaw Darbo, Principal Decentralisation Officer, Resource Mobilization, Ministry of Regional Administration, Land & Traditional Rulers Overview of Presentation       

Provisions of LGA Act/Decentralisation What are PPPs? The context and rationale for PPPs Forms of PPPs Conditions for effective PPPs The issue of Trust Case studies

THE CURRENT LEGAL FRAMEWORK FOR DECENTRALIZATION AND LOCAL DEVELOPMENT  The enactment of the Local Government Act, 2002 provides the staging point for the implementation of the Plan of Action to put in place the necessary legislative and institutional framework for establishing the local government authorities, defining their roles and functions, as well as their relationship with Central Government and the traditional authorities.

The decentralization legislation        

The legal context for decentralization is provided by the following legislation: 1997 Constitution: Section 193 (1), section 214 (3); Local Government Act (2002); Local Government (Amendment) Act (2004); Local Government Finance and Audit Act (2004); Local Government (Amendment) Act (2006); Local Government Finance and Audit (Amendment) Act (2007) Local Government (Amendment) Act (2007)

The Local Government Act (2002) stipulates the establishment of the following institutions: 1. Local Government Areas (LGAs) divided into Wards; 2. For each local government area, Councils consisting of elected chairperson and representatives from each ward 30

3. VDCs 4. WDCs 5. TACs  District Authority based on traditional leaders  The posts of Chief Executive Officer (CEO) and Clerk of the Council  Four departments – Department of Finance, Services, Planning and Development, and Administration  Local Government Service Commission for each LGA The Act also stipulates that;  The Area Administrator or Commissioner who are now call “Governors” (LGA Amendment Act May 2006), as the representative of the President and Central Government in the Local Government Area “monitor and inspect the activities of local authorities and where necessary advise the chairperson”.  “Each Department shall be headed by a Director”;  “Section 3 subsection (1) is amended by substituting for the word “Division”, the word “Region”  “Section 13.(1) (Amendment) Act 2006 That a council shall elect a Chairperson from among the elected councilors”  Section 13.(2) That the Chief Executive Officer shall preside over the election of a chairperson”  “Section 13.(3) (Amendment) Act 2007 A chairperson may be removed from office by the President”;  “Section 20.(14)(Amendment)Act 2007 Notwithstanding the other provisions of this section, a Chairperson ,Deputy Chairperson or other member of a Council may also be removed from office by the President, on the recommendation of the Minister of RAL&TR, on any grounds set out in subsection(1) of this section”  The task of inspection, monitoring and coordination of local government authorities is assigned to the MoRAL&TR (see Para 148-151 of the Principal Act) The Local Government Finance and Audit Act 2004 stipulate:  The establishment of Council Development Fund; and  Central government transfers (general grant, grant-in-aid and equalization grant) to councils.  The creation of an Internal Audit Department for each council;  “Financial Autonomy Councils – Section 12 (2) that subject to the provision of this Act and any other Act and to such directives as the Minister may give, each Council has autonomy over its financial matters, excluding salaries, allowances and other emoluments

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LOCAL DEVELOPMENT According to section 90 (i) of the Act, every council is the planning authority of its area and may plan and implement any programme or project for developing the infrastructure, improving social services, developing human and financial resources and for the general enlistment of the community.

In this regard, a Council is mandated to prepare a comprehensive and uninterrupted development plan for its area in all the ward plans. In performing its development functions, it should adopt such process and procedure to ensure that the communities are involved in the conception and executive of development plans, that is, a bottom-up approach.  This bottom-up approach to the development is realized in the establishment of Village Development Committee and Ward Development Committees, respectively.  Village development committee and Ward Development Committee have responsibility for all development planning at village and ward levels, and serve as the local entry points for all development assistance to the village communities.

In this role, the village development committees are instrumental in identifying local development needs in consultation with the community, prioritizing such needs and submitting them for consideration at ward level. Village development communities are also responsible for developing appropriate plans for addressing local needs, raising, coordinating and managing financial resources at village level, as well as mobilizing community participation in development activities.  In this task, they are assisted and advised by the Government representatives operating at village level as well as the extension workers of organizations involved in development activities in the village. These two groups constitute the Multidisciplinary Facilitation Teams (MDFTS).  FINANCE AND AUDIT ACT The Local Government Finance and Audit Act, 2004 makes mandatory the creation of a Council Development Fund into which all revenue generated by a council is to be paid and from which all liabilities are to be discharged.

The fund is conceived as a demand-driven framework for Councils and their development partners to efficiently deliver development resources and services to the communities in their areas, in that it allow all the development actors to respond to community projects designed through the bottom-up participatory process.  It also affords an opportunity for the integration of the development activities in a given local government area into the strategy development plan of the Council.

Financial Resources: 32

All the Councils in the Gambia do not have a revenue base adequate to meet their obligations. Inadequate revenue collection mechanisms also mean that arrears of revenue not collected mount up every year. In some Councils up to 35%-40% of revenue budget is not collected.  Devolution of powers to the councils implies the concomitant transfer of the wherewithal for the exercise of these powers. This, it is recommended that Local Government financial resources should include:  grants or endowments from Central Government for recurrent expenditures;  subventions which accompany transfers of competencies; and  special subventions for investments In the light of the weak revenue base of Councils, the Act provides for subventions from Central Government consisting of:  general grant not exceeding ten percent of the capital budget of a Council;  a grant-in-aid in the sum agreed between Government and a Council to finance programs agreed between the two parties; and  an equalization grant intended to prop up, as it were, Local Councils lagging behind the national average standard in the provision of social service.

Services provided by the Local Government Authorities are varied and many.

Basic services are those essential services for which communities usually or will not pay for. They may include, refuse collections, water supplies, street lights, feeder roads etc.(These are funded from rates, taxes and other fees) DEVOLUTION OF COMPETENCIES: The Constitution calls for the creation of Local Government system with a “high degree of autonomy” to which Government functions and powers would be devolved to “facilitate democratic governance”. Towards this end, under the provisions of Section 49 of the Local Government Act, 2002, the Minister responsible for any other Ministry may, after consultation with the Minister Regional Administration, Lands & Traditional Rulers devolve functions, services and powers vested in that Ministry to a Council.

Such devolution should not be effected, however, unless:  Government and the Council are in agreement;  Adequate human, financial and material resources are made available for the performance of the functions, provision of the services, and the exercise of the powers so devolved; and  Appropriate measures are taken to bring the change to the attention of the public  Devolution of functions, services and power from Central Government to the Councils are to be effected gradually, taking into account the capacity of a Council to perform the function, provide the services and exercise the powers. In the event 33

that a Council fails to effectively absorb the devolved competencies, that Acts prescribes a process for reversion of the devolved functions.

Seven-step Quality Local Government Service Delivery Approach       

Total management /commitment Know Your Local Government Areas Develop Standards of Service Quality Performance and enforce them Good dedicated Staff Hire qualified contractors/service providers Stay Close to Your Local Government populace Work towards Continuous Improvement in service delivery

What are PPPs?  used loosely to refer to almost any kind of relationship between individuals or groups  any arrangement in which the public and private sectors join together to produce and deliver goods and services, or  introduce private sector capital and/or expertise to provide and deliver public services  complex, multi-partner, privatised, infrastructure projects  formal collaboration between business and civil leaders (or NGOs), and local government to improve urban and rural conditions.  what is the difference between contracting and PPP? Definition  Public-Private Partnership is a form of collaboration between a public and a private partner for a well-defined period of time and related to one or more specific phases of a planned project. The responsibilities of both the private and the public partners are explicitly defined in the Partnership Agreement, including punitive damages for both partners in case of non-compliance with the terms of the contract.” (Savas, 2000).  Whilst private partners tend to have a predominantly commercial perspective, public partners prioritise social needs Principles and conditions for PPPs  clear and agreed visions and objectives  mutual understanding and respect for each partner’s role  mechanisms to enable decision making and planning Principles & Conditions…  proper legal and regulatory frameworks  accountability and transparency of parties 34

 capacity of partners to fulfil their respective roles  government responsibility Principles and & conditions...  sustainability, e.g. of infrastructure  mechanisms for conflict resolution  service providers must adhere to sound environmental principles What is Trust?  Trust as the foundation of good governance & management  Trust is about developing relationships, e.g.  principals and agents  regulators and the regulated  donors and recipient countries  One party’s willingness to be vulnerable to another party based on the belief that the latter party is:  competent  open  concerned and  reliable  Instinct vs. calculation/experience based trust Trust and contracts  contracts try to specify details of a relationship  imperfect information and contracts  developing constructive relationships Trust and contracts  the complexity of relationships is determine by trust  break down of trust:  voice  exit  the cost of broken relationships is compromise Trust can reduce transaction costs - the cost of creating contracts, monitoring, going to arbitration or court and enforcing the outcome Managing the Social Dimensions PPPs and contracting  Give attention of staff issues, e.g. early notification to staff/trade unions; continuous communication/information  Ensure dealing with public concerns and fears about private sector involvement 35

Managing the social dimensions  Dealing with possible redundancies and poverty implications  Compensation/severance packages  Preferential hiring in future vacancies  Training and re-training  It is recommended using partnership for poverty alleviation projects Case studies – UK  Compulsory competitive tendering  Local Government, Planning and Land Act 1980  New building/renewal  Building repair and maintenance  Highways construction and maintenance Annual value of nearly £4 billion Case studies – PPPs for poverty reduction  Nigeria -Small town water supply and sanitation programme Nigeria water cases  Karu-Maraba concession Interesting variation of a PPP contract has developed in Nasarawa state near capital Abuja.

State government awarded a concession contract with local private company to supply water to some 15,000 people. The local private company (RDS) had an 85% share & state government 15% Concerns about the competition and regulatory aspects, but model could be adapted elsewhere.  Small towns case – communities encouraged to use the private sector for managing water services.

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Annex 4. Presentation 3 OVERVIEW OF DECENTRALISATION AND LOCAL GOVERNANCE PROGRAMME Presented by Mr. Mustapha Jobe, Principal Decentralisation Officer, Quality Control, Ministry of Regional Administration, Land and Traditional Rulers IT IS INDEED MY PLEASURE AND HONOUR TO GIVE AN OVERVIEW OF DECENTRALIZATION AND LOCAL GOVERNANCE PROGRAMME The Constitution of the Second Republic of The Gambia prescribes a system of governance that is participatory at all level of society, especially at local level. Section 193 (1) of the constitution is unambiguous in this regard where it clearly states that “Local Government Administration in The Gambia shall be based on a system of democratically elected councils with a high degree of autonomy”. The Directive principles of state policy at section 214 (3) further iterate: “The State shall be guided by the principles of decentralization and devolution of government functions and powers to the people at appropriate levels of control to facilitate democratic governance”.

The Vision 2020 document, under the Good Governance heading adopted the decentralisation strategy and also stresses the need for decentralization in order to harness popular participation at the grassroots level in national development.

It is generally recognized, however, that decentralization is a cross-cutting issue and a long term political process that is complex, costly and requiring a lot of preparatory work.

“To encourage participatory government and balanced development, government shall pursue an intensive political and institutional decentralization process. This will contribute to poverty alleviation and diffuse the different socio-economic tensions that spring out of rapid population growth, rural-urban drift, unemployment and regional disparities in economic development”.

These policy objectives for local government reform aim at extending the process of decentralization by promoting the direct participation of the population and the promotion of a spatially integrated approach to local development.

You will agree with me that Decentralization of Local Government System in The Gambia is a cross-cutting issue and a matter of concern to a wide range of stakeholders.

Under the Local Government Reform and Decentralization programme, I am happy to report that the Ministry for Regional Administration. Land and Traditional Rulers formerly 37

Local Government and Lands, has really achieved a milestone in coming up with the following policy documents. Which have been widely distributed to all Councils and other stakeholders and they are as follows: 10. Local Government Act 2002 was established (and later amendments) and the holding of local council elections. The Principal Act was amended in 2006 which gave birth to the office of the Paramount Seyfo and the same Act was also amended in 2007.

11. The Gambia Local Government Staff Service Rules.

12. The Local Government Finance and Audit Act 2004.

13. National policy on Decentralisation and Local Development in The Gambia 2009.

14. Financial and Accounting Manual for Local Government Authorities in 2009.

15. Schemes of service for the Local Government Service.

16. Establishment of the Local Government Service Commission Regulations and a series of amendments carried out on the Principal Act. 17. Establishment of the Rent Tribunal Act. 18. Draft consultancy report on the proposed Local Government Pension Scheme which is yet to be validated.

The Ministry was privileged to have sponsorship from the Commonwealth Secretariat to conduct very important workshops in 2008 and 2009 respectively:High level consultation workshop on managing change in Local Government 7-10 April 2008.

Project design, proposal development and project management training workshop for councilors in The Gambia from 26-28 October 2009.

In summing up, the Ministry will continue to vigorously pursue the possibility of seeking funds from other stakeholders like EU, NAOSU to name a few in order to accelerate the process of Decentralization.

On that note ladies and gentlemen, I wish to seize the opportunity to thank you all for your kind attention.

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Annex 5. Press Release Advocacy Policy Forum on Local Governance and Decentralization TANGO – Tuesday 17 July 2012 - Live on Taranga FM 97.5Mhz The Gambia Constitution 1997 sets the policy objectives for decentralization and local government reforms under Section 192, in which Sub-Section 1 states that local government administration in The Gambia, shall be based on a system of democratically elected councils with a high degree of local autonomy. The following sub-section stipulates that an Act of the National Assembly shall provide for the establishment of city councils, municipalities and area councils (which are together referred to as local government authorities), and the district in which each shall have jurisdiction. The Act further makes provision for the functions, powers and duties of local government authorities including the following: I. II. III.

The infrastructure and development of the area within the authority’s jurisdiction; The encouragement of commercial enterprises; The participation of the inhabitants in the development and administration of the area; Provision of essential and other services and raising of local revenue; The management, control and oversight of the authority’s finances and the audit of its accounts by the Auditor-General; The making of by-laws; The preservation of the environment, and the promotion of Gambian traditions and culture; The control of financial and other resources allocated by the Central Government.

IV. V. VI. VII. VIII.

Section 192(4), establishes that issues of local policy and administration shall be decided at a local level and that local government authorities shall co-operate with the Central Government in adopting a policy of decentralisation. It must be recalled that prior to the enactment of the Local Government Act in 2002 and amended in 2003, a National Governance Policy was adopted in 1999. Following the Act, the Local Government Finance and Audit Act 2004 was created to provide a legal basis for political and fiscal decentralization in The Gambia. The functions of the Area Councils are among others, to: • • • • •

Exercise all political and executive powers and functions Provide services as it deems fit Promote on a sound basis community development and self help Protect the Constitution and other laws of the Gambia and promote democratic governance Ensure implementation and compliance with Government policy

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According to the Act (Section 49(1)) devolution of functions from the Central Government to the Local Government shall take place when any Minister, after consultation with the Minister of Local Government, devolve functions, services and powers vested in the Ministry to the Council. It however noted that devolution cannot be effected unless the following conditions are met: 1. The Government and the Council are in agreement 2. Adequate human, financial and material resources are made available for the performance of the functions, provision of the services and the exercise of the powers, so devolved 3. Appropriate measures are taken to bring the change to the attention of the public.

4. Councils can also request to the Minister to perform any functions, services or powers in the Act; The Act further states that devolution is planned to be effected gradually and shall take into account the capacity of a Council to perform such functions, services and powers. Apart from legislative and administrative powers, the councils also have development responsibility for the provision of social services in the areas of education, health, agriculture, management of natural resources, preservation of the environment, and the upkeep and maintenance of all secondary roads.

The role and significance of local councils in the governance and development of the Gambia is paramount. However over the years, local governance continues to face major challenges of human and institutional capacity and resource mobilization to the point that many have doubted the ability of Councils to ensure quality of life for rural folks. According to the Act, the Central Government must provide 25% of the development budget of Councils who in turn must spend 60% of their budget for local development. That notwithstanding, a major feature of our regions is the high level of poverty, aggravated by the poor and inadequate social services which are major causes for the growing incidence of rural-urban migration thus contributing to high urban poverty as well.

Furthermore, because of the generally poor and inadequate services in the regions, dependence on natural resources and the environment has become more severe thus aggravating the already severe effects of climate change on our local populace. According to the national development blueprint, PAGE, more than 60% of the populations in the regions fall below the poverty line with the CRR showing worsening conditions from 1998 to date.

NGOs have a long presence in the regions and currently TANGO has members in each and every region of the country with many more that are based in the Greater Banjul Area having interventions in these regions. Given the trends in development, decentralization has now become a sine qua non for national development in all parts of the world. It is evident that people at various levels must be given the opportunities, space and ability to participate and influence their now development within their own area. Thus decentralization has immense benefits, which includes: 40

• • • • • • • •

broadening participation in political, economic and social activities; Where it works effectively, decentralization helps alleviate the bottlenecks in decision making that are often caused by central government planning and control of important economic and social activities; Helping to cut complex bureaucratic procedures and it can increase government officials' sensitivity to local conditions and needs; Helping ministries to reach larger numbers of local areas with services; Allowing greater political representation for diverse political, ethnic, religious, and cultural groups in decision-making; Relieving top managers in central ministries of "routine" tasks to concentrate on policy; Making coordination more effective, as well as provide better opportunities for participation by local residents in decision making; Increasing political stability and national unity by allowing citizens to better control public programs at the local level.

In partnership with Concern Universal with funding from the UN Democracy Fund (UNDEF), TANGO will host an Advocacy Policy Forum on Local Governance and Decentralization on Tuesday 17 July 2012 at 10am at the TANGO Conference hall in Fajara (No Gambian Time). The policy forum comes under the auspices of the project, ‘Strengthening Advocacy Capacity for Civil Society in the Gambia’, with the following objectives:   

To raise awareness of TANGO, its members and Government of the potential for joint policy engagement.

To equip TANGO and its members with skills, knowledge and resources for their engagement with Government on issues of concern to civil society in the Gambia.

To provide a platform for ongoing and meaningful Government – Civil Society dialogue.

The flagship operation of NGOs in the Gambia over the past four decades has been service provision, capacity building and awareness creation. Through these activities, NGOs have provided development goods and services to communities, built the skills and knowledge of individuals, institutions and companies in the public and private sectors as well as raised the awareness of the citizenry on various development issues. The missing link in NGO intervention in the country therefore has been the lack of robust and sustained advocacy, i.e. the ability and participation of NGOs in influencing public policy and legislation in order to enhance national governance and development. It is in the light of this, that the project has been conceived and for which the Local Government Act and the Decentralization Program have become the focus of this maiden policy forum.

The Local Government Act is a major legal and policy document of the Government in which NGOs are making significant contribution in its attainment. Not only has NGOs supported local councils in building their technical skills and knowledge about development and governance issues, but NGOs have also provided necessary materials and equipment to local government institutions as well as provided goods and services to 41

communities in a diverse range of areas such as education, health, agriculture and environmental management as well as building the capacity of young people and women in income generation among others.

NGOs appreciate the commitment of the Gambia Government to national development within which local governance and decentralization are key elements. However NGOs are concerned about the dwindling capacity of Local Councils and the almost total control of local government institutions and processes by the central government. Furthermore, the level of participation and empowerment of local citizens in the affairs of Area Councils leaves much to be desired, as a result of which the quality of transparency, accountability and quality service delivery from the Councils to the people remains quite limited. Most significantly, the decentralization program has been considered to be not fully implemented thus demonstrating a low level of commitment of the Government to the Local Government Act. It is evident that the fundamental challenge facing Local Councils is the ability to raise resources and have the capacity to undertake development in the regions. In this forum, discussions will therefore focus on the challenges and opportunities for Local Councils, and how NGOs and other stakeholders such as the Government itself and the private sector can support. The state of implementation and the adequacy of the Local Government Act itself will be highlighted with suggestions as to the way forward. In this regard speakers have been identified to set the stage for discussions as follows: 1. Kejaw Darboe, Principal Decentralization Officer – Resource Mobilization , Ministry of Regional Administration, Land and Traditional Rulers Topic: ‘Building Partnerships and Resources for Local Governance Institutions for Effective and Quality Service Delivery’ 2. Mr. Dawda Jallow, Kanifing Magistrates Court Topic: ‘Critical Analysis of the Local Government Act 2004 and Decentralization Program’.

3. Mustapha Jobe, Principal Decentralization Officer – Quality Control Ministry of Regional Administration, Land and Traditional Rulers Topic: ‘Human and Institutional Capacity Requirements for Local Governance Institutions for Effective and Quality Service Delivery’ The Policy Forum on Local Governance and Decentralization will be moderated by Mr. Lamin Nyangado of Action Aid International The Gambia. The forum will be aired live on Taranga FM 97.5Mhz

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Annex 6. List of participants showing contact details No 1 2

Name Salieu Samba Taibou Sonko

3

Mbery Jobe Sonko

4

Ebou S Joof

5 6

Gorgi Omar Gaye Pa Kejaw Darbo

7

Binta Jatta

8 9

Abdou Rahman Sallah Fabu A Jallow

10 11

Mambabou Sowe Hon. Samba Jallow

12 13

Balla Musa Joof Sandang Bojang

LIST OF PARTICIPANTS SHOWING CONTACT DETAILS Title Institution Telephone Electronic mail Program Coordinator MMAP 6593342 salieusamba@yahoo.co.uk Yourth Coordinator Dept. of Youth 9942588 Taibou.sonko@gmail.com & Sports Program Assistant National Youth 9933999 mjobesonko@yahoo.com Council Finance/Admin GAFNA 9958039 gafna@qanet.gm Manager Program Management NWAFA 3438768 gorgigaye@yahoo.com PDO/Resource MRAL&TR 9913810 pakejd@yahoo.com mobilization Journalist The Standard 3677780 bsjatta@yahoo.com.

Newspaper Senior Reporter The point 6361340 Asallah6@yahoo.com Newspaper M@E Coordinator Women’s 2001050 Fjallow682004@yahoo.com Bureau Coordinator YAFSSE 9720365 yafsse@hotmail.com MP. Minority Leader National 9959139 Sambajallow168@yahoo.com Assembly Project Officer Sight savers 3993045 bjoof@sightsavers.org Director TARUD 3997166 sandang.bojang@gmail.com

14

Burang Danjo

Program Manager

15

Kewey Lowe Njie

Admin Officer

16 17 18 19 20 21 22

Modou C Nying Bintou J Sidibe Binta Jallow Fatoumata Sagnia Mendy Marie J. Buram S Jobe Tom Jansen

Program Officer Executive Director Programme Officer Intern Radio Journalist Radio Journalist Director

23

Modou Jonga

Public Relation Officer

24 25

Mariatou Loum Tabu Sarr

26 27

Karamo K Keita Beatrice A Prom

28

Abdou A Kanteh

Executive Director Program OfficerTraining ASS. Ext Director Manager Corporate Services Regional Coordinator

Concern Univrsal HEPDO

6852455

FAWEGAM APGWA APGWA HEPDO Taranga FM Taranga FM Concern Univrsal Brikama Area Council WISDOM TANGO

9042388 9912241 7964204 9044458 6787814 3900246 4494473

7973079

Burang.danjo@concernuniversal.org Keweyloweyahoo.co.uk

9942556

Modouc2006@hotmail.com apgwa@hotmail.com apgwa@gmail.com Juicy-fs@yahoo.com mariejemo@yahoo.com biramj@gmail.com Tony.jansen@ concernuniversal.org jongamodou@yahoo.com

9806136 9950709

kassimmariatou@hotmail.com tsar@tangogambia.org

ISRA GCCI

9918645 3306144

karamokeita@gmail.org beaprom@yahoo.com

NSGA

9992262

adrahmank@hotmail.com

43

29 30 31 32

Sophie Sarr Sheikh E.T Lewis Sakou Jobe Awa Janneh Lewis

33 34 35 36 37

Mr. Ebrima Ganno Hawa Touray Fatou Mbaye Lucretia George Kebba K Barrow

38 39 40 41 42 43 44 45 46 47

Fatou A Drammeh Lamin Malang Fatou Saho Ibraihim Bundu Momodou Lewis Binta Jallow Hadrammeh Sidibeh Bakary Sanneh Ibraima Jobe Kebba Saidy Khan

Programme Officer Director Consultant Finance and Admin Manager Operations Manager Intern Admin Secretary ICO Program Officer Networking Accounts Clerk Driver Office Assistant Accounts Officer Accountant Driver Security Gardener

WANEP ISHR GFPA

9938532 9998800 9933566 9909822

sophiesarr@hotmail.com setlewis@yahoo.com jsakou@yahoo.co.uk awajl@yahoo.com

GAWFA TANGO TANGO TANGO TANGO

7979529 7198084 7507046 9912528

eganno@yahoo.com awatouray@hotmail.com info@tangogambia.org George@tangogambia.org k.barrow@tangogambia.org

TANGO TANGO TANGO TANGO TANGO APGWA TANGO TANGO TANGO TANGO

3995106 9700968 9841212 2145135 3976361 7946822 9959411 7584854 7907674

info@tangogambia.org info@tangogambia.org info@tangogambia.org ibraihm@yahoo.com info@tangogambia.org info@tangogambia.org info@tangogambia.org info@tangogambia.org info@tangogambia.org

44