This document discusses decentralization in Ethiopia. It defines decentralization as transferring responsibilities, powers, and resources from central to local governments while maintaining some central authority. The main forms of decentralization discussed are deconcentration, delegation, and devolution. Devolution provides local governments with the most autonomy. The document explains that decentralization aims to enhance democracy, public participation, poverty reduction, development, and prevent ethnic conflicts by giving minorities control over local issues. However, it also carries risks like corruption, divisiveness, and inter-ethnic competition if not implemented properly.
This document discusses decentralization in Ethiopia. It defines decentralization as transferring responsibilities, powers, and resources from central to local governments while maintaining some central authority. The main forms of decentralization discussed are deconcentration, delegation, and devolution. Devolution provides local governments with the most autonomy. The document explains that decentralization aims to enhance democracy, public participation, poverty reduction, development, and prevent ethnic conflicts by giving minorities control over local issues. However, it also carries risks like corruption, divisiveness, and inter-ethnic competition if not implemented properly.
This document discusses decentralization in Ethiopia. It defines decentralization as transferring responsibilities, powers, and resources from central to local governments while maintaining some central authority. The main forms of decentralization discussed are deconcentration, delegation, and devolution. Devolution provides local governments with the most autonomy. The document explains that decentralization aims to enhance democracy, public participation, poverty reduction, development, and prevent ethnic conflicts by giving minorities control over local issues. However, it also carries risks like corruption, divisiveness, and inter-ethnic competition if not implemented properly.
This document discusses decentralization in Ethiopia. It defines decentralization as transferring responsibilities, powers, and resources from central to local governments while maintaining some central authority. The main forms of decentralization discussed are deconcentration, delegation, and devolution. Devolution provides local governments with the most autonomy. The document explains that decentralization aims to enhance democracy, public participation, poverty reduction, development, and prevent ethnic conflicts by giving minorities control over local issues. However, it also carries risks like corruption, divisiveness, and inter-ethnic competition if not implemented properly.
Adequately Empowered? 2.1 Definition of Decentralisation ➢ There is no commonly accepted definition of decentralisation. ➢ Nevertheless, almost all authors who attempted to define the concept often hold that decentralisation involves, transferring responsibilities, powers, functions and resources from a centre to peripheral governmental institutions. ➢ Yet, decentralisation is not meant to deprive the centre of all political powers. ➢ There are certain areas of authorities which are appropriate to the national actors and other areas of authorities which are appropriate to subnational actors. ➢ “Both national and sub-national actors have a complementary role to play. What is the role of d/t level of government under free market economic system? 2.2 Forms of Decentralisation ➢ Decentralisation takes various forms. ➢ The most known ones are ✓ deconcentration (also known as administrative decentralisation), ✓ devolution (democratic decentralisation) ✓ and delegation. i. Deconcentration or Administrative Decentralisation ➢ Deconcentration is the transfer of responsibilities, authorities and resources from a centre to local units of the centre. ➢ Through deconcentration, powers and responsibilities are transferred to governmental institutions within the jurisdictional authority of the central government. ➢ Deconcentration may be either general or functional. ✓ General deconcentration takes place when a variety of tasks are deconcentrated to local level. ✓ Functional deconcentration on the other hand comes about when specific tasks are deconcentrated to field units of the centre. ii. Delegation ➢ Delegation refers to a situation where decision- making and administrative authority and responsibility for definite tasks are transferred from a centre to an autonomous sub-national unit. ➢ The central government defines the powers which are to be transferred. ➢ It also puts conditions under which the delegated powers are exercised. ➢ Moreover, the centre can take back the powers which are so transferred through delegation. ➢ Yet, the sub-national government is viewed as an autonomous entity. ➢ Hence, it is left with a wide range of discretion in the exercising of the powers and responsibilities transferred to it. ➢ The relationship of the central government and the sub-national government which is entrusted with delegated powers is characterised as a ‘principal- agent relationship’. ➢ Therefore, the central government bears the ultimate responsibility for the decisions of the local unit. iii. Devolution or democratic decentralisation ➢ Devolution refers to a situation where a local level government is constituted legally as a ‘separate governance body’ and that powers and responsibilities are transferred to such unit on permanent basis. ➢ This form of decentralisation is referred to as “genuine decentralisation.” ➢ Devolution implies the autonomy of the lower level unit. ➢ The lower level unit has distinct and legally recognised geographical boundaries and legal personality. ➢ The powers and responsibilities are transferred to it through constitutional or other similar legislative instruments. ➢ Hence, the power so transferred will become an original power of the sub-national entity. ➢ As a result, the sub-national entities will not be accountable to the central government for its decisions. 2.3 Why all the fuss about decentralisation? ➢ Many countries are demonstrating unparalleled interest in a decentralised form of governance. ➢ There are, among others, three key rationales behind this growing interest in decentralisation. ✓ The first rationale is the desire to achieve democratisation & enhance public participation. ✓ The second major rationale is the wish to reduce the prevalence of poverty in these countries. ✓ The third major rationale is that, in ethnically diverse states, decentralisation is viewed as a means to prevent or contain ethnic conflicts and to accommodate diversity within a unified state. i. Decentralisation and democracy and public participation ➢ There is a general agreement that there is a direct relationship between decentralisation and democratisation. ➢ This is based on a premise that decentralisation creates multiple electoral positions at multiple levels of government. ➢ The existence of multiple representative institutions which results from decentralisation broadens the scope the peoples representation. ➢ Hence, decentralisation enhances democracy. ➢ Also the extent of popular participation is influenced by the size of a political unit. The smaller the size of a political unit, the more favourable it will be for public participation. ➢ One aspect of this reasoning is that public participation necessitates a direct or indirect personal contact of the community with the public institutions. ➢ This becomes possible only when a political unit is smaller in size. ➢ Decentralisation, brings government closer to the people and enhances public access to political institutions. ➢ Such access boosts opportunities for public participation in political affairs. ➢ An active popular participation in turn results in an entrenched culture of democratic governance; not only at local level but also at national level. ii. Decentralisation, poverty reduction and development
➢ The urgency in many developing states to reduce
poverty and bring development is the second major reason behind the growing interest in decentralisation. ➢ By development what is meant here an improved living standard of the local citizenry which results from efficient service delivery. ➢ As it was seen above, decentralisation has a direct bearing on democratisation and the ‘quality of governance’. ➢ Good governance is considered as a key factor, both in its own right and as a means to reduce poverty. ➢ Good governance which comes about with a genuine decentralisation positively encourages “both civil society and the private sector to invest and commit themselves to a country and its localities”. ➢ It also encourages foreign direct investment. International financial and development organisations will be keen to assist development activities when there is good governance in a country. ➢ Therefore, decentralisation, by augmenting democratisation and good governance, paves the way for poverty reduction and development. iii. Decentralisation as a means to prevent ethnic clashes
➢ The other rationale for decentralisation is
empowering ethnic minorities and thereby preventing or mitigating ethnic conflicts. ➢ Generally accommodating diverse ethnic groups within a single political unit is raised in connection with a federal system. ➢ Yet, it is maintained by many scholars that decentralisation may serve the same purpose. ➢ Thus, in a country with a diverse ethnic makeup, decentralisation may provide a territorial and political space to where ethnic minorities can be accommodated. ➢ This will allow ethnic minorities to exercise self- governance to maintain their culture and way of life. ➢ Their participation in the public sphere under decentralised systems will also have a ‘stabilising’ effect. ➢ It is also argued that decentralised system establishes a political channel which serves as a forum for dialogue and reconciliation. ➢ In addition it allows minority ethnic groups to have a greater control over local issues, and to deal with them in their own way. ➢ Therefore, in a decentralised system, it is likely that key concerns of ethnic minorities will be given due consideration. ➢ Furthermore, decentralised system gives ethnic minorities the chance to use their language for work and education in their localities and to develop their culture. ➢ Through decentralised system of governance a flexible institutional mechanism which accommodates diverse concerns of diverse population within a single state or province can be created. 2.4 Risks of decentralisation ➢ Both of those who favour and disfavour decentralisation admit that decentralisation poses certain risks. ➢ One such concern is that a decentralisation is prone for capture by corrupt and non-accountable local ‘elites’. ➢ Decentralisation may be used to promote divisive demands. ➢ It is further argued that it may even be used to promote secessionist agenda. ➢ Rather than stabilising, decentralisation may lead to inter- ethnic competition and conflict. ➢ Instead of bringing development, decentralisation may destabilise the macro economy and lead to an inequitable growth among different localities. “In view of the salience of ethnicity as a political force, the decentralization or devolution of political power ... is a constructive way of dealing with it by giving ethnic groups local, sub-national spaces to run and control their own internal affairs. This political structure is problematic in that it may harden ethnic identity and antagonisms, aggravate separatist agitations and engender a new post-conflict cycle of violence, unrest and fragmentation. Yet, it is a better one than a centralized political structure, which gives no room for, indeed tends to stifle the expression of ethnic interests and demands and is, therefore, prone to even more violent forms of ethn-opolitical conflict.” ➢ A centralised system, therefore, keeps the ethnic majorities in power while marginalising the minorities. ➢ When ethnic minorities are kept marginalised, they will tend to resort to violence to have their interest recognised. ➢ Often the post-colonial history of African states and the recent history of the former Soviet Union and the former Yugoslavia is presented to demonstrate how excessive repression of ethnic differences through excessive centralisation may end up in a violent break up of a country. ➢ A Decentralised system, conversely, believed to furnish ethnic minorities with a space to take care of their own affairs make it possible for people of diverse identity to live together in harmony. ➢ Others in response to the concern the argument that decentralisation may endanger the nationwide development of the country by affecting the macro economy leading to inequitable growth and service delivery among localities, argue that local governance is not a substitute to central governance. ➢ Thus the central government will play a role to stabilise the macro economy and to maintain equitable development among the localities. ➢ The most important role that the central government plays in this regard is supervision. ➢ According to De Visser ; the supervisory role of the central government has three elements. ➢ That is regulation, monitoring and redistribution. Using its regulatory power, the central government puts forth a legal framework that creates a developmental local government. ➢ By using its monitoring power it checks whether or not the local government is accomplishing its developmental mission. ➢ In the event that a failure to discharge this obligation is detected on the part of the local government, the central government takes measures which may range from simple warning to actual intervention. ➢ Furthermore, it counters inequitable growth among the localities through redistribution. 2.5 Adequately empowered local government i. Democratic local government ➢ It was shown above that one of the main rationales for opting for decentralised system of governance is the need to create democratic system at local level. ➢ A democratic local government exists when it is participatory, accountable and responsive for local interests. ➢ In order to create such a democratic local government, therefore, local government should be constituted by elected official rather than by centrally appointed officials. ➢ Holding periodical election of local authorities is a essential of democratic local governance. However it is not sufficient. ➢ A democratic system of local governance should also be participatory. ➢ Thus a system in which, the local people can take part in the decision making process of local governance system should be devised. ➢ As De Visser states there should be a mechanism for “an ongoing process of debate, dialogue and communication between the local government authority and the community”. ii. Functional competences ➢ In order to claim that a local government is adequately empowered, functional competences in certain areas of governance should be devolved to it. ➢ The functional areas should be formally devolved to the local government. ➢ That is the powers devolved to local level should be clearly provided in a national or state/regional constitutions or in other similar pieces of legislation. ➢ This helps to clearly identify the functional boundaries of the power of local government and to protect them from undue intrusion by the central government. ➢ In that particular area, the local government should be able to exercise all governmental powers i.e. legislative, executive & administrative powers. ➢ The functions should be within implementing capacity of the local unit. iii. Self administration of territorially integrated ethnic minorities ➢ In a country with diverse ethnic groups, genuine decentralisation should cater for ethnic minorities. ➢ Thus an ethnic group should be allowed to establish its own government structure in the geographical area that it inhabits. ➢ Furthermore, these institutions should be provided with pertinent functional competences. ➢ The functional competences should be pertinent in particular to allow the ethnic groups to decide among other things on their cultural matters including the right to use their language for work and education. ➢ In order to do so ethnic minorities should be territorially structured. ➢ The local administration should be established based on the settlement pattern of the ethnic groups. ➢ Decentralisation may not be of use to accommodate territorially dispersed ethnic groups. iv. Adequate financial sources ➢ Decentralising powers and functions to local government should be accompanied by fiscal decentralisation in a form of devolved taxing and spending powers. ➢ Hence local government should be given certain taxing powers which will enable it to collect as much revenue as is required to discharge its functions. ➢ Moreover, it should be allowed to collect fees in return for the services that it delivers to the local people. ➢ The reason behind the requirement for the financial independence of local government, in addition to enabling it to discharge its functions, is to maintain the autonomy of the local government and to ensure its accountability to the local people. ➢ However, in transferring taxing power to local level, the appropriateness of the tax to local government should be taken into account. ➢ Anwar Shah provides us with three points which should be considered in determining the suitability of a tax to sub- national governments. ➢ The points are ➢ the efficiency of the common market, ➢ national equity and ➢ administrative costs. ➢ He states, the internal common market is efficient if all resources can freely move within a state. ➢ Some taxes, if assigned at sub national level, may result in distortion of the national market for resources which are mobile. How? ➢ Thus such taxes should be maintained by central government. ➢ Taxes that are redistributive in nature, if assigned at local level, may result in inequity. ➢ That is because those areas with good tax bases keep developing while those with poor tax bases remain destitute. ➢ He further said assigning certain type of taxes at local level may result in increased cost of collection. ➢ Thus in assigning a tax at sub national level, the cost of collection should also be considered. v. Supervision ➢ The central government should exercise supervisory power over local government. Supervision has three elements. ➢ Firstly, the central government should set up a legislative framework within which local government can exercise its power. ➢ Central government should also continuously assess the effective functioning of local government. ➢ If LG experiencing malfunctioning, the central government should be able to take other measures such as directly exercising the functions of the local government. ➢ So long as local government is effective, however, the central government should not meddle itself in local matters. Decentralisation and LG in the Amhara, Oromia, Tigray and SNNRP Regional States The Amhara and Tigray National Regional States Structural Organisation of the Regional States ➢ The revised constitutions of the Amhara and the Tigray regional states provide that the administrations of the regional states are structured at regional, woreda and kebele level. The State/Regional Administration ➢ The state administration is the highest political authority in the two regions. It has three principal organs. ➢ These are a ✓ Regional/ State Council (RC), ✓ a Regional Administrative Council (RAC) and ✓ a judicial body. ➢ The RC is the legislative organ of the state governments. It comprises of elected representatives of the peoples of the two regions. ➢ The RAC is an executive organ of the state government. It consists of the regional chief administrator, his deputy and heads of other executive bureaus. ➢ The state administration also has a judicial organ. ➢ The state governments have a number of powers and functions which are devolved to them by the federal Constitution. LG in Tigray and Amhara Regions ➢ As was indicated earlier, below the regional administration, woreda and kebele administrations are established in the two regions. ➢ Yet woreda is seen as the important local government unit while a kebele is simply an implementing agent of the woreda. ➢ A woreda is established on a geographical area in which 100,000 more people reside. ➢ These urban centers, as it will be discussed in some length below, have their own councils. ➢ In addition, the ethnic minorities which reside in the Amhara region are entitled to their own councils. ➢ Thus, the regional government has established ethnic based local units to the Oromo, Awi and Himra ethnic groups which are regarded as indigenous ehtnic groups of the Amhara regional state. ➢ Those in the Tigray region, however, are only entitled to be represented in the regional and local governments. Organs of woreda administration ➢ As briefly indicated above, in the two regional states woreda administration has been established. ➢ The Woreda Administration (WA) in both the regions has three principal organs. ✓ These are the Woreda Council (WC), ✓ the Woreda Administrative Council (WAC) ✓ and the Woreda Court with first instance jurisdiction. ➢ The Woreda Court, even thought, it functions at woreda level, it is not part of the woreda administration. Woreda council ➢ WC is the highest political organ woreda level in both Amhara and Tigray regions. ➢ Members of the WC in both regions are directly elected by the residents of a woreda. ➢ Members of a WC serve for a five year term. ➢ Members of the WC are accountable to the people who elected them. ➢ A WC has speaker and deputy speaker who convene and preside over its proceedings. ➢ A WC convenes once in every three months. ➢ However, the speaker may call an extra-ordinary session anytime when the WC is not due to undertake its regular meeting. ➢ Under the Amhara regional state constitution, the speaker has an obligation to call an extra ordinary meeting if such meeting is demanded either by the woreda chief administrator (CA) or by more than half of the members of the WC. ➢ However, in Tigray region only the members of the WC can request an extra-ordinary session. Powers and functions of the woreda council ➢ The constitutions of the two states provide that a woreda has the authority to plan and implement its own economic development & social services programs. ➢ It also has the duty to implement the policies and laws of the federal and state governments. ➢ Matters of social services and economic development which are within the competences of woredas, however, are not clearly defined in the regional constitutions. ➢ A WC is a legislative branch of the WA. ➢ As part of its legislative power, a WC has the authority to issue directives to ensure peace and security in the woreda. ➢ It is also authorised to approve the budget of the woreda. ➢ Upon recommendation by the WAC, it has the power to approve the sources of revenue which the WA can make use of from those sources which are not allocated and administered by the regional government. ➢ It can also impose other service charges. ➢ In addition it has the power to examine and approve economic development, social service and administrative working plans of the woreda which are prepared by the WAC. The Woreda executive council ➢ A woreda executive council (WEC) is an executive body in a woreda. ➢ It comprises of the Chife Administrator (CA), his deputy and heads of the principal sectoral offices in the woreda. ➢ The CA is elected by the WC from among its members upon the nomination by the political party with the majority of seats in the WC. ???? ➢ The deputy chief administrator (DCA) and the other members of the WAC are nominated by the CA and appointed by the WC. ➢ Thus, the WAC is composed of both elected and appointed officials. ➢ The WAC is chaired and represented by the CA. Under the Amhara Regional Constitution; the WAC is accountable to the WC and the state administration. ????? ➢ However WACs which are found in Nationality Areas are not accountable to the regional administration. Under the Tigray State Constitution WAC is accountable to the WC and to the CA. The Powers and Functions of WEC ➢ The WAC/WEC has the power and duty to enforce the policy, legislation, directives, plans and programs of the federal and the regional governments. ➢ It also has the power to coordinate and supervise the different executive offices in of the woreda. ➢ The WEC is responsible for preparing the annual budget and submitting it for approval to the WC. ➢ Furthermore, it is responsible for the collection of rural land use fees, agricultural income taxes and other revenues. ➢ It is also required to recommend additional sources of revenue other than those which are administered by the state governments and seeks the approval of the WC. ➢ The WEC has the responsibility to prepare social services, economic development and administrative plans to WC. ➢ Upon approval by the WC, it implements the plan. It maintains peace and security in the woreda. ➢ To that effect, it has the power to direct and supervise security and police organs in the woreda. ➢ It is also part of the resposiblities of a WEC to ensure the participation of the people in developmental activities. ➢ It has also a duty to protect natural resources and heritages in a woreda. ➢ In addition to the aforementioned duties and powers, the WEC may be given additional responsibilities by the regional governments and the WC. Woreda chief administrator ➢ The CA is the head of the WEC. As the head of WEC the CA has special responsibility to coordinate and supervise the implementation of the social services and economic development programs of the woreda. ➢ It is also the responsibility the CA to ensure the implementation of the policies, legislation & directives of the national & the regional governments. ➢ Furthermore, he/she is charged with coordinating of the kebeles in the woreda and supervising of the woreda police forces are parts of the responsibilities of the CA. ➢ Additionally, the CA discharges other responsibilities that may be given to him/her by the President of the regional states and by the WC as well. ➢ As briefly stated above, in the Amhara regional state, there are three indigenous ethnic minorities which are found concentrated in certain geographical areas within the region. ➢ The Regional Constitution recognises the right to self- determination and self-government of these ethnic minorities. ➢ In effect, the Constitution designates a geographical area which is inhabited by an ethnic minority as “Nationality Zone”. ➢ It also requires the establishment of government institution in these areas. ➢ Accordingly, the three ethnic minorities in the region i.e. the Himra, Awi and Oromo ethnic minorities have their own nationality zones. ➢ Nationality zone has three principal organs. The organs are legislative council called nationality council (NC) and an executive council known as nationality executive council (NEC). i. Nationality Council ➢ A NC is comprised of elected members of the WCs of the woredas which are found within the NAs. ➢ The members of the WC within the nationality zone elect from among themselves those who will be the members of the NC. ➢ In addition, those who are elected from a nationality zones to be members of the regional council automatically become the members of the NC. ➢ The Members of the NC serve for a term of five years. Power and Functions of the NC ➢ The NC, next to the House of People’s Representatives and the Regional Council, is viewed as the highest political organ of the ethnic group concerned. ➢ Under the Amhara Regional Constitution, the NC has certain powers and functions. ➢ It has the power to determine the working language of the organs of the Nationality Administration. ➢ It has the responsibility to protect the rights of the members of the ethnic group concerned to speak and write in their language. ➢ In addition it has the duty to protect the rights of the members of the ethnic minority to preserve, develop and promote their language and history. ➢ Furthermore, the NC has the power to issue laws for the nationality zones. Yet, the laws which are issued by the NC have to be in conformity with the laws enacted by the state and federal government. ➢ The NC has the power to approve the budget of the nationality zones. ➢ However, the nationality zone is almost totally dependent on the intergovernmental grants from the state government. ➢ Therefore, in adopting the budget NA, the NC has to take into account what is allocated to the NA by the regional government. Nationality zone executive council ➢ A nationality zone executive council is comprised of a chief administrator (CA), a his deputy, and heads of other executive organs of the nationality zone. ➢ The executive council has parliamentarian form. ➢ Hence, the CA is elected from among the members of the NC following a proposal by a political party which has the majority of the seats in the NC. ➢ The other members of the administration are nominated by the CA and appointed upon approval by the NC. ➢ The NAC is accountable to the NC and the CA of the natioanltiy zone. ➢ In addition it is also accountable to the Regional Council and the President of the regional state. Powers and Functions of the NAC ➢ As the executive body, it has the duty to ensure the implementation of the laws and decisions of the federal, the regional governments as well as the legislative council of the nationality zone. ➢ Furthermore, it has the power to formulate the social, economic and developmental policies and strategies of the nationality administration. ➢ In addition, it is responsible for the preparation and implementation of the budget of the Nationality Administration. ➢ However, matters of social services and economic development which are within the competences of a nationality zone are not clearly defines in the regional Constitution. Nationality Chief Administrator ➢ The CA is the head of the executive council and the representative of the nationality zone. ➢ As head of the executive council, the CA has special responsibility to coordinate and supervise the implementation of the social and economic programs of the nationality zone. ➢ He/she also responsible for the policies, legislation and directives of the national and the regional governments. ➢ In addition he discharges other responsibilities that may be given to him by the President of the regional state and by the NC. Kebele administration ➢ Kebele administration is the lowest administrative unit the Amhara and Tigray regional states. ➢ A kebele is a subdivision of a woreda in which around approximately 10,000 people reside. ➢ Kebele administration comprises kebele council, kebele administrative council and social court. ➢ The kebele council is composed of elected reoresentatives. ➢ According to the constitutions of the two regions, a kebele administration has a sole authority on the social services and economic development of the kebele. ➢ However, matters of social services and economic development which are within the competences of the kebele are not clearly provided in the state constitutions of the two regions. ➢ The kebele administrative council is constituted by the chief administrator, who is elected by the kebele council from among its members, and other members. ➢ The kebele administrative council is the lowest executive body in the hierarchy of the regional administration. ➢ Albeit at lower level, KAC has similar tasks with the WAC. Local Governance in the Oromia Regional State Structural Organisation of the Regional State’s Government ➢ Government in the Oromia regional state is organised at regional, zonal, woreda and kebele level. ➢ As the Tigray and Amhara regions, the Oromia regional administration has a Regional Council, a Regional Administrative Council and a judicial body. ➢ The organisation, powers and functions of these organs is similar with their counterpart in the Amhara and Tigray regions. ➢ The region is divided into 14 zones and 199 woredas. ➢ Each woreda is also divided into a number of kebeles. ➢ As shall be shown below, the zone administration is the representative of the regional government at zone level. ➢ Therefore the regional state can be said to have only two- tiered local governance system. Zone administration ➢ Zone administration (ZA) is an executive body which is organised below the regional administration at zonal level. ➢ It holds a number of woredas in it. ZA does not have elected council. ➢ It is not also a distinct level of government as the woredas. ➢ Therefore the power transfer from the regional government to the ZA can be said to have taken the form deconcentration rather than devolution. ➢ The ZA is run by a CA and his deputy. The CA is nominated by the regional president and appointed by the regional council. ➢ The CA is also the representative of the regional President at zone level and is accountable to him. ➢ Zone administration has the responsibility to coordinate, support and follow up the effective functioning of the woredas, other departments and institutions in the zone. ➢ It is also the duty of the zone administration to coordinate those institutions which provide service in more than one woreda. ➢ In addition, it has the responsibility to ensure the implementation of polices, legislation and decisions of the regional government in the woredas in the zone. Woreda and kebele in Oromia region ➢ The Woreda Administration in the Oromia regional state has a WC and a WAC. ➢ Under the Regional Constitution of Oromia, a WC, a WAC and a kebele administration have similar organisation, functions and powers with their counterparts in the Amhara and Tigray regional states. ➢ This renders the detailed discussion of woreda and kebele administration in the Oromia region superfluous. Local Governance in the SNNPR Structure of the government ➢ The state government is organised at region, zones, special woredas, woredas, and kebels levels. ➢ The structural organisation, the powers and functions of the regional government is identical with its counterpart in the regions discussed above. ➢ The region has 9 zones, 5 special woredas, 72 woredas and each woreda and special woreda is divided into a number of kebels. Nationality zone and special Woreda ➢ The SNNPR constitution provides that the nations and nationalities in the region will have their own zonal or special woreda administration. ➢ The ethnic groups with a large population settling on a large geographical area are allowed to have a zonal administration while those with smaller population size are entitled to special woreda. ➢ Thus, ethnic groups with large population size such as Sidama, Gurage, Hadiya, Gedeo and the like have their own nationality zones. ➢ Ethnic groups with smaller population size such as Burji, Amaro, Dirashe, Konso and Yem have special woredas. ➢ The zones or the special woredas are delimited based on the settlement pattern, language, identities and consent of the people. ➢ Nationality zone or special woreda is second in the administrative hierarchy of the region. ➢ The regional constitution provides that a zone and a special woreda have three principal organs. ➢ These are: ✓ a zonal or special woreda council (Z/SWC), ✓ a zonal or special woreda administrative council (Z/SWAC) ✓ and a judiciary. Zonal or Special Woreda Council (Z/SWC) ➢ The Z/SWC is the highest political organ at zone or special woreda level. ➢ It is constituted by representatives who are elected to Z/SWC. ➢ In addition those who are elected to State Council from a zone or SW are members of the Z/SWC. Power and Functions of Z/SWC ➢ The Constitution of the region provides Z/SWC shall exercise the highest political authority next to the House of Peoples Representatives and the State Council in a zone. ➢ Accordingly, the Z/SWC has the power to determine the working language of the zone or the special woreda. ➢ It has a duty to protect the rights of the members of the nation or nationality concerned to write, speak and to develop their language. ➢ The Z/SWC has a complete power to legislate on matters which are not covered by state laws and to publish its legislation in the Debub Negarit Gazette. ➢ However such legislation may not be inconsistent with the state and federal laws. ➢ The Z/SWC has the authority to approve its own budget based on what is allocated to it by the State Council. Zonal or Special woreda administrative council ➢ Z/SWAC is the executive body of the zonal or special woreda administration. ➢ It is constituted by a CA, a DCA and heads of other executive organs. Powers and functions of the Z/SWAC ➢ Z/SWAC, as the executive organ Z/SWA, is responsible for ensuring the implementation and observance of the state and federal laws and the decisions of Z/SWC. ➢ In addition it has the responsibility to prepare the budget, to formulate the policies and strategies for the zone or the special woreda consistent with the state policies and strategies and implements them upon approval by the Z/SWC. ➢ It also performs other duties as it may be entrusted to it by the Z/SWC and Executive Council of the regional government. The Z/SWAC is chaired, coordinated and represented by the CA. ➢ The CA, as the head of the Z/SWAC has the power to direct and control the executive organs and other “sub- ordinate” organs and security and police forces. The woreda and kebele administration in SNNPR ➢ The WA stands next to zonal administration in the hierarchy of the regional administration. ➢ It comprises a WC, a WAC and Courts. ➢ The regional constitution provides that the WA has the definitive authority to prepare determine and implement plans of social services and economic development. ➢ The structural organisation, powers and functions of both the woreda administration and kebele administration are identical to their counterparts in the regions discussed above. Urban administrations ➢ The Amhara State Constitution provides, as was mentioned earlier, that cities and urban centres may have their own council. ➢ However it does not clearly regulate the structural organisation, powers and functions of the urban centres. ➢ The constitutions of the other three regional states speak of urban administrations only indirectly. ➢ However each of the four regions has recently issued a proclamation in which they defined the structure, powers, functions and duties of urban centres. ➢ They have adopted a Council-Mayor system to the urban centres in the regions. ➢ Thus each urban administration in the regions has a Council, a Mayor’s Committee which is an executive body and a Mayor. ➢ Furthermore, the urban centres have professional city managers who are elected based on their merits. ➢ Yet, in the states under consideration, with the exception of some towns and cities, the great majority of urban and semi-urban centres do not have their own elected councils. ➢ In many instances these urban centres are put under the supervision of woreda administration. ➢ Urban service and development are thereby demoted to “secondary level” ➢ In practice, however, the urban centres play an important role in the area of education, health trade & industry as agents of the regional states. ➢ The urban centres also discharge function such as waste collection, sewerage, street lightning and the like. Local government finance in the four regional states ➢ As was briefly alluded to in the previous sections, woreda administrations in all the four regional states have the power to collect certain taxes. ➢ A woreda administration collects rural land use fees and agricultural income taxes. ➢ It also imposes and collects service charges. ➢ The rate of the rural land use fees and agricultural income taxes is determined by the regional government. ➢ Furthermore, the woreda administration has the power to make use of any revenue source within the woreda which is not administered by the regional governments. ➢ That means, from the sources of revenue which the federal Constitutions has allocated to the states, if there is any source of revenue which is not used by the states, the woredas can make use of it. ➢ Nevertheless, woredas are not at liberty to spend the revenue they collect. ➢ The revenue is transferred to the treasury of the state governments. ➢ As was mentioned above, the state constitutions of the four regions provide that from the sources of revenue which are constitutionally assigned to the states, woredas can make use of the revenue sources that are not administered by the regional governments. ➢ However, the states are administering and making use of all the sources of revenue under their jurisdiction. ➢ This means, the woredas are not given any significant internal sources of revenue Intergovernmental grants ➢ The federal government has a scheme of intergovernmental revenue transfer which is known as a “block grants”. ➢ Through this scheme it transfers a considerable amount of money to the regional states. ➢ The grant is transferred according to a prearranged formula and it has no or minimum conditions attached to it. ➢ However woredas and zones do not receive intergovernmental grants directly from the federal government. Instead, revenues are transferred to them by the regional governments. ➢ The intergovernmental grant that woredas and zones obtain from the regional governments also takes the form of a “block grant”. ➢ Therefore they get the grants from the regional government without conditions attached. ➢ The variables which are used to determine the grant are: population size (55 %), level of poverty (10%), expenditure needs (20%), revenue raising capacity and execution efficiency (15%). ➢ Woredas and zones have full liberty as to how to spend the revenue which they receive in form of block grants. Borrowing ➢ The FDRE Constitution provides that regional states may borrow money from internal sources. ➢ They are authorised to borrow money under terms and conditions that the federal government determines by law. ➢ However there is nothing provided either in the federal or Constitutions regarding whether local government can borrow money. Administrative power ➢ As was seen above, woreda administration is authorised to run its own administration. ➢ Thus it has the power to hire and fire personnel. ➢ A shortage of skilled man power at woreda level is said to be one of the most critical problems of the local governance system in the four regional states. ➢ With a view to address this problem skilled man- power is transferred from regions and zones at woreda level in the four regional states. Supervision ➢ There are provisions in the federal and the states constitutions which give some indication about the general regulatory roles of the federal and the state governments. ➢ The FDRE Constitution provides that the federal government has the power to establish and implement national standards and basic policy criteria in certain areas. ➢ For instance, it sets standards in the area of public health, education, science and technology as well as for the protection and preservation of cultural and historical legacies. ➢ The Constitution also provides that states will issue laws regarding state civil servants and their working conditions which are approximate to the national standards. ➢ The regional constitutions, similarly, provide that the NC (in Amhara) and Z/SWC (SNNPR) and WC should exercise their legislative power in line with federal and state laws. ➢ Such standards and rules which are set by the national and state laws, to the extent they are relevant to local government can be construed as acts of regulation within the meaning of supervision ➢ Nonetheless, the legislative power of the states does not seem to be limited to regulating the woreda, the zone and the nationality administrations’ legislative powers. ➢ As was discussed in the preceding chapter, the federal Constitution has divided powers and functions between the federal and the state governments. ➢ The Constitution left it for the states to decide, from the powers allocated to them, which powers and functions to devolve to local governments; provided that the powers and function devolved to local level are adequate. ➢ As mentioned earlier, the state constitutions afford WC, NC and Z/SWC legislative powers which are to be exercised in line with state and federal laws. Supposedly, the legislative power of the states on woredas, zones and nationality area should have certain limits. ➢ However, firstly, as will be argued in the next chapter, there is no clear distinction between the states and local government matters. ➢ Secondly whatever functional competences local government may have, they lack exclusivity. ➢ That is, the extent to which the states can exercise legislative powers on local government matters, if there any such matter, is not clear. ➢ What is clear is that the local government cannot enact contrary to the proclamations enacted by the states. ➢ In contrast, the constitutions do not preclude the states from legislating on local matters. Given the limitless legislative power of the states on the state matters, the laws enacted by WC, NC and Z/SWC will stay in force only temporarily. ➢ If the state governments issue proclamations that contradict the legislation of the NC or the Z/SWC, the legislation of the NC and Z/SWC will automatically lose effect. ➢ Under the state constitutions there is no clearly stipulated procedure according to which the state governments can assess local government. ➢ In addition there is no clear procedure of intervention by states when a local administration fails to discharge its responsibilities. ➢ However, zones and nationality administrations have the responsibility of coordinating the works of woredas within them. ➢ Furthermore, in practice, the Federal Ministry of Capacity Building and state capacity building offices assess the performance of the woredas. ➢ They also extend assistance to the woredas, for instance, through skilled staff decentralisation. End of Chapter Two