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Local Governments

in Somaliland:
Challenges and
Opportunities
Local Governments in Somaliland have undergone huge changes since the
initiation of decentralized local governance in Somaliland. Service delivery has
been specifically enhanced, though it is not yet up to a satisfactory level.
Presently, however, local governments face numerous challenges. These include
fiscal constraints, capacity concerns, contradicting legal framework, and service
delivery issues. On the other hand, there are opportunities that need to be
tapped skillfully. These include the upcoming local council election, the
willingness of collaboration and co-financing on the part of the local community,
increasing understanding of local governance issues, and a vibrant media.

Abdirahman Adan Mohamoud


Hargeisa, April 2012
Table of Contents

1. Executive Summary .. .....................................................3

2. Brief History of Local Governments ....................................................................................................... 4-5


2.1 Close Look at Local Government Functions ....................................................................................... 5
2.2 Financial Management .................................................................................................................... 5-6
2.3 Councils and their Functions ............................................................................................................ 6-7
2.4 The Role of Executive Secretary .......................................................................................................... 7

3. Challenges ............................................................................................................................................ 7-11

3.1 Limited Resources ............................................................................................................................ 7-8


3.2 Low Capacity and Demoralized Staff .................................................................................................. -8
3.3 Service Delivery Issues ................................................................................................................... 9-10
3.4 Overstaffing and Ambiguity of Roles and Responsibilities ............................................................ 10-11
3.5 Stray Focus ....................................................................................................................................... 11
3.6 Conflicting Legal Framework ............................................................................................................. 11
3.7 Expired Mandate .............................................................................................................................. 11

4. Opportunities ..................................................................................................................................... 11-14


4.1 Upcoming Local Council Elections ..................................................................................................... 12
4.2 Cost-sharing Approach ..................................................................................................................... 12
4.3 Availability of Development Partners .............................................................................................. 13
4.4 Association of Local Government Authorities in Somaliland ............................................................ 13
4.5 Improved understanding of Local Governance Issues ....................................................................... 13
4.6 National Development Plan ............................................................................................................. 14

5. Recommendations ............................................................................................................................ 14-18


5.1 Capacity Development ................................................................................................................. 14-15
5.2 Civil Service Reform and Development of Human Resource Policy . ............................................... 15

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5.3 Revenue Collection and Budgeting Improved............................................................................... 15-16
5.4 Improved Service Delivery ................................................................................................................. 16
5.5 Improved Oversight Role of the Central Government . .............................................................. 16-17
5.6 Legal Framework Harmonized ........................................................................................................... 17
5.7 Careful Selection of Executive Secretary............................................................................................ 17
5.8 Strengthened Local Government Association . .................................................................................. 17
5.9 Creation of Local Government Award ............................................................................................... 18

6. Concluding Remarks ................................................................................................................................ 18

7 References ............................................................................................................................................... 19

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Local Governments in Somaliland: Challenges and
Opportunities

I. Executive Summary

Local Governments in Somaliland have passed through different stages during the past two decades.
During the first decade, nominated district commissioners ran the businesses of local governments.
However, in 2002, the first local government election was organized in Somaliland, and half a dozen
political organizations registered and participated. Elected councilors took the reigns of local
governments, who then elected mayors from within.

At the initiation of decentralized local governance, the functions of the municipalities were severely
affected by serious power struggles that diverted the attention of local councilors and administration
away from institutionalization and service delivery. This was coupled with severe limited resources,
institutional and capacity concerns, and legal framework issues. However, as time went on, things
improved and local councilors, receiving assistance from development partners, started to focus on their
primary functions. Service delivery arrangements were specifically enhanced, though they are not yet up
to a satisfactory level. In major towns, local governments have started in the last couple of years to
rehabilitate roads, construct new ones, and deliver other services. This is often done in conjunction with
representatives of the neighborhoods, who contribute financially to the delivery of such developmental
projects.

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

Yet, local governments face numerous challenges, including fiscal constraints that put local governments
in a situation where they cannot deliver the services as stipulated local government law. They have
capacity concerns, contradicting legal frameworks, and service delivery issues.

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This paper is however, shedding light on the status of local governments in Somaliland, in terms of
administration, fiscal arrangements, the influencing legal framework, and service delivery. It explores
the opportunities that are open to them and the challenges they currently face. It will also provide some
recommendations, in order to improve local governance.

1. Brief History of Local Governments

After the collapse of the Somali state in 1991, all state institutions collapsed and disintegrated. As a
result, local governments, as part of the sub-national structures, ceased to exist. In 1993, after the
successful Borama grand conference, the elected president - the late Egal and his administration -
managed to restore the functions of the state institutions. Efforts were then initiated to establish local
government institutions so that they could put together whatever had survived from the war, be it
skilled civil servants or material resources.

The revived local governments could not immediately start the collection of revenues, due to the trying
circumstances and the difficult situation on the ground. However, the nominated mayors managed - up
to a certain extent - to mobilize civil servants and to resume some local government functions. Despite
the fact that local governments did not provide the mandatory services to their immediate populations,
mainly due to their inability to mobilize resources, the inappropriate legal framework, the lack of
political will to bring about concrete initiatives, and low level of skills, yet they have gradually managed
to carry out some of their tasks, and eventually reached a point where the country could think of having
elected local councils. A local government election was then organized, in order to improve local
governance principles: accountability, transparency, responsiveness and public participation.

Consequently, the first post-war local government election was held in December 2002. 1Six political
organizations registered to run and, as per the election law, the three most successful parties were
supposed to emerge as national parties and thus have the legitimacy to run for the subsequent
parliamentary and presidential elections (Local Government Election Law). As a result, UDUB, KULMIYE

1
The six political parties that registered in the last local government election in 2002 were UDUB, KULMIYE, UCID,
SAHAN, ASAD, HORMOOD

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and UCID emerged as the successful national parties. Hence, elected councils were inaugurated for the
first time since Somaliland unilaterally restored its independence from the rest of Somalia in 1991. In
accordance with the Regions and Districts Law (Law # 23/2000 and amended in 2007), grade A districts
elected 21 councilors, (with the exception of Hargeisa; being the capital city, it has 25 councilors) while
grade B districts put in place 17, and grade C districts have 13 councilors.

Local government elections took place in 223 districts and, therefore, only these districts have elected
councils. All the rest are graded D (the lowest category), have no boundaries, do not have elected
councils, and in the recent amendments to the 2002 Regions and Districts Law (Law No 23/2007) are
known as temporary administrative districts, until their assessments are completed by the
government, their boundaries delineated, and their status is confirmed by both houses. (Somaliland
Local Government Re-organization through Presidential Decree in an Election Year, 2008)

Since the local government election was an alien phenomenon to most of the local people in
Somaliland, (except for the older generation who witnessed elections in the 1960s before the military
took over the reigns of Somalia in 1969) the process certainly had its hiccups and shortcomings. For one
thing, electorates were not directly voting for the councilors but for the political parties, and each party
put forward the list of its candidates. As a result, the quality of the councilors was not satisfying the
expectation of the people because they were not elected on the basis of their experiences, qualifications
and skills. Similarly, the hot issue of population figures has overshadowed the process of selecting
qualified councilors, as people in districts and regions turned out in their thousands to record high
number of electorates. Likewise, women could not secure enough seats in the local councils. (Only two
female councilors were elected; one in Gabiley and the other in 3Berbera) as the political organizations
submitted men-dominated lists for the election (Pillars of Peace, Academy for Peace and Development,
Sept, 2010)

2
The issue of districts is complicated in Somaliland, as the nomination of new districts proliferated particularly
during the last presidential election in 2010. According to the Ministry of Interior, currently, there are 13 regions
and 81 districts in Somaliland. However, the vast majority are not approved by the concerned houses.
3
Actually, the female councilor in Gabiley is the only one that was elected, and the female councilor in Berbera
came through substitution.

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As a direct consequence of this, the elected councils could not meet the expectation of the local people,
and councilors in many districts wasted time and resources on fighting over petty matters at the
threshold of the new system of decentralized governance. In most of the towns with elected councils,
mayors were elected and replaced between one to three times. The frequent change of mayors became
a problem, until central government intervened - through amendment of local government law - to
resolve the case. Erigavo and Hargeisa are the only two districts that didnt change the first elected
mayors, despite many efforts to do so.

Despite the capacity concerns of the new councilors, and the weak understanding of their tasks, service
delivery arrangement significantly improved under the auspices of the elected local councils.

2. Close Look at Local Government Functions

Local governments are mandated by law to render services to the people in their localities as stated in
the constitution, article 112, and the Regions and Districts Law, article 20. The services one could expect
from immediate local government include solid waste management, street-lighting, sewage system,
drainage facilities and, to some extent, the provision of primary education and health services. Apart
from delivery of services, local governments are mandated to administer land management and
planning issues (spatial and strategic) as well as revenue collection and public expenditure management
at the district level. However, in this part of the world, the situation is quite different; local governments
provide only a small portion of the legally-mandated services, because they are seriously constrained by
limited resources, fiscal disparities, and an inadequate legal framework.

2.1 Financial Management

The local government financial management practices were a very old fashioned manual system and
often an erroneous one. The financial situation of a district often depends on its status and grade. In
Somaliland, districts are administratively divided into Grade 4A, B,C and D which constitutes substantial

4
Grade A districts include, Hargeisa, Borama, Berbera, Buroa, Las-Anod, Erigavo and Gabiley

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fiscal disparities Grade A districts are always in a better fiscal state. The main sources of income for local
governments include vendors tax, business licenses, property tax, rental incomes, and fees charged on
the usage of local governments properties such as slaughterhouses. According to the proposed
Roadmap on Municipal Finance Policy, prepared by UN-HABITAT, revenue available to municipalities for
financing their expenditure functions primarily comprises 19 sources. But most of the revenue comes
actually from about 5six sources only (Proposed Municipal Finance Policy).

The financial management capacity of these local governments was below an average standard.
However, UN-HABITAT played a critical role in improving this system. The agency, in collaboration with
the Ministry of Interior, assisted local governments to improve their financial management systems, and
this capacity development has reached to a point where an automated system was introduced and
adopted. Its aim is to improve transparency and accountability of public funds and the municipal
revenue collection, which in turn will lead to greater service delivery, if managed responsibly. Initially,
some people raised concerns about the viability and sustainability of the automated system but, as its
advantages were broadly observed, there has been a wide range of acceptance within the end-users in
the target districts and other important stakeholders. This is one of the strongest areas of local
government. They are stronger than central government institutions because of this improved capacity.

2.2 Councils and their Functions

The duties and tasks of the councils are clearly stated in the Regions and Districts Law 23/2007. It
includes the following:

Promotion of economic growth and development, including initiation and implementation of


development programmes and projects at the local level;
Promotion and care of the social welfare, such as education, health, water, electricity,
sanitation;

5
The active six sources are hawkers and traders, property tax, business license, livestock market and central
government transfers

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Care and welfare for the environment, forestation, and animals and economic infrastructure, in
collaboration with relevant sector ministries;
Generation, mobilization and allocation, including accounting, for the use of public resources
Inspection of new buildings, and those that are being renovated or require demolition, in
collaboration with the Ministry of Public Works and Housing;
Provision and maintenance of public infrastructure, e.g. construction, improvement and care of
roads inside the towns of the district, in collaboration with the Ministry of Public Works and
Housing;
Promotion of participatory planning and community participation in local decision making;
Establishment of sub-committees as required. (Regions and Districts Law, 2007)

Apart from these legal provisions, the 6ability of local governments to provide all these services is
undermined by limited resources and absence of viable and just subsidiary plans.

2.3 The Role of the Executive Secretary

In line with Article 12(3) of Regions and Districts Law, the District Executive Secretary is an official from
the Ministry of Interior. Under the current structure, the secretary is a member of the municipal
executive committee, and acts as the secretary of local council meetings as well. The incumbent is a
signatory to all financial transactions and manages day-to-day administrative tasks of the local
governments. Local governments, however, do not have full autonomy in selecting and hiring all of their
senior staff. This, it may be argued, weakens accountability. Local governments do not choose their
districts Executive Secretary (ES). ES are neither hired nor appointed by the districts mayor, and are not
local elected officials, either. Instead, Executive Secretaries are appointed by Ministry of Interior. The
recruitment, transfer, promotion and dismissal of a district Executive Secretary lies with the Ministry of

6
The service delivery ability of the districts is different one from another. Grade A districts often enjoy better own-
source revenue, receive greater share of the inter-governmental fiscal transfer, and are in a position to raise funds
from local communities. Thus, service delivery is greater and more visible in these districts.

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Interior. Consequently, it could be argued that, at best, Executive Secretaries are subject to double
accountability, that is, to the mayor and the Ministry of Interior (Proposed Municipal Finance Policy)
As executive secretaries and mayors have different lines of accountabilities, recurrent and persistent
problems were noted, which strained the local administration. Besides, central government nominations
of the executive secretaries are more of a political consideration and, as such, sidelines merit and
competency-based selections. Therefore, efficiency and quality service delivery is greatly compromised
in that regard.

On the other hand, the frequent turnover of secretaries of the local governments has been noted, and it
affects the smooth running of administration at the district level. As indicated in an Outcome Evaluation
Report, prepared by an external evaluation team, many districts experienced change of secretaries. In
the six districts visited, five have had their executive secretaries changed by the central government
during the last six months. Because they hold such key positions in local governments, it will take a long
time for the new ones to become familiar with processes and activities (Intermedia NCG, 2011
Outcome Evaluation Report)

3. Challenges

The challenges that local governments are presently facing are countless and complex in nature. They
include capacity concerns, limited resources, over-staffing and service delivery issues. In the coming
paragraphs, we will be looking at these challenges and try to come up with solutions to resolve these
observed deficiencies.

3.1 Limited Resources

The availability of adequate resources is understandably a paramount concern in almost every


institution and local governments are not exceptions. Despite the fact that grade A districts can be
regarded not only solvent but some of them are relatively well off, the vast majority (grades B, C&D) do
not generate sufficient revenues to cover operational costs and provide social services. If one could
closely look at local governments budgets, the inevitable finding would be that revenue collection is

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very low in all of them and, to make matters worse, most of the generated revenues are used just to
cover operational costs.

Inter-governmental fiscal transfer is another source of income for most of the local governments. But it
is not systematic, predictable, and it often takes months to get this fund released to the respective
districts. This uncertainty of timing regarding the transfer of the grants from the central government,
that appear not to follow a regular disbursement schedule, compromises to some extent the ability of
local governments to plan their recurrent expenditures and operations (Road Map on Local Government
Finance Policy, UN-HABITAT, Somalia Program, 2011). On another matter, the allocation formula for the
fiscal transfer is questioned, as apparently strong 7local governments with relatively diversified sources
of revenues take the lions share of this fund, and weak ones are left in a state of helplessness. Central
government transfers are meant to be financed with developmental projects; however, this remains
unverified and unchecked.

3.2 Low Capacity and Demoralized Staff

As explained above, most of the elected councilors did not have a clear understanding of how councils
work; thus, their functions as leaders, negotiators, facilitators, planners, and advocates for local
development and policy making, were severely undermined. Similarly, the existing local governments
have an acute shortage of qualified man-power, and they are unable to discharge their functions
effectively and efficiently. Nevertheless, their performance has gradually improved.

The technical capacity to adequately and strategically plan district activities was often non-existent or
very weak at the district level. Some UN agencies such as UN-HABITAT at an early stage, and the United
Nations Joint Programme on Local Governance (UN JPLG), at a later stage, trained most of the councilors
and local government staff on relevant modules, so that they can carry out their functions more
appropriately. This effort, however, needs to be sustained through a permanent training cycle.

7
Hargeisa and Buroa receive almost half of the fiscal transfer; while the other half is distributed among the rest of
the districts of the country.

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The performance of most of the municipal staff is generally low. The main reason for this poor
performance is that local government staff members are not hired on the basis of their qualifications,
skills and expertise; rather, preferential treatment is a common practice. The existing staff members are
also seriously underpaid. Hence, local governments are unable to retain the few skilled staff at their
disposal, let alone attract more qualified ones from the private sector. Equally, there is great and
noticeable disparity between the working conditions and benefits in the public and private sectors - a
reality that puts local governments in a most unfavorable position.

Specific areas in which local government staff members are particularly very weak include urban
planning and land management. Poor management of land resources, particularly in urban settings,
made land a central issue in the build-up to conflict, and it has caused bloodshed in major towns. In
almost all urban settlements, land has become an important economic commodity that is open for
speculation and, hence, negatively impacted on planning for services. The weak systems and procedures
of the local governments, in terms of land management, have surely encouraged rampant corruption
and unhealthy practices in this sector. Above all, urban planning is often an alien concept to not only
local government staff but also, ironically, to managers and other key staff. This inadequate capacity
has acutely undermined the efforts of national and international partners to enhance the effectiveness
of local governments.

Despite these capacity concerns, local governments are much stronger in many aspects than the central
government institutions, in terms of financial management, procurement practices and planning
processes. An interesting confession came from the former Minister of Interior when he visited Hargeisa
Municipality and, after supervising billing section and GIS offices, he admitted that some municipalities
are more advanced than central government institutions.

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3.3 Service Delivery Issues

By 8law, local governments are mandated to provide the following public goods and services:
establishment and maintenance of roads within the towns of the district- including sidewalks, street
lights, and street drainage system, construction of water reservoirs in towns and villages, construction
and management of primary schools, construction and management of centers for the care of the
mother and the child, physical planning of the settlements of the districts and registration of the
immovable property, solid waste collection and disposal, food and livestock markets, slaughterhouses,
management of self help projects, registration and maintenance of civil register, and issuing business
licenses, among others.

However, Local governments service provision is severely constrained by extremely limited capacities in
both financial and human resources. Also, the governments limited capacity to formulate effective
policies and a sustainable legal framework has hindered the delivery of services. Although service
9
provision is weak in general, yet waste management is the most serious one, and it needs the utmost
attention. The collection and proper management of waste is the first service expected from local
governments. But, unfortunately, they all performed poorly in addressing this predicament. In most
parts of the country, tons of garbage are left uncollected in the streets each day, acting as a feeding
ground for pests that spread disease, clog drains and create a myriad of related health and
infrastructural problems. Many neighbourhoods in the towns have little or no access to solid waste
collection, and often areas that are contiguous with the primary and secondary schools are particularly
vulnerable. Yet local governments, the sole sub-national structures mandated to appropriately collect,

8
As stipulated in Regions and Districts Law No. 23 of 2002 as amended in 2007, in article 36
9
Waste management is a very complex issue and municipalities alone cannot tackle it unless an holistic approach
that involves all stakeholders is put in place and attitudinal change occurs.

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dispose and manage waste, remain indifferent. In some towns, such as 10Hargeisa, though the function
is outsourced to private companies, tangible improvement is yet to be witnessed.

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

While technical and financial assistance were provided to local governments by development partners,
the issue of waste management still needs to be seriously addressed. Obviously, local governments
alone are not responsible for poor waste management; the general public should take its share of the
blame and act responsibly and in a civilized manner when it comes to disposal of garbage at the
individual and family levels.

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

10
Hargeisa local council has now terminated the contract of one of the two private companies, mainly for poor
performance. As a result, they have now opened up space for competition, and interested companies have been
invited to participate in the competition.

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3.4 Overstaffing and Ambiguity of Roles and Responsibilities

Almost every local government is overstaffed, as one can deduce from a simple glance at payroll sheets.
They employ and, in some circumstances, are pressurized to hire a large number of staff despite their
limited sources of revenue and functions. The high rate of unemployment is a national issue, but the
management approach of most of the local governments has aggravated the situation whereby every
mayor, unilaterally and without proper job analysis, employs a number of unnecessary staff. As a result,
a large number of local government staff members are ghost employees, just appearing in the payroll
sheets, but actually never reporting for work.

There are about 3,500 staff members in local governments, almost 900 of whom work for the
Municipality of Hargeisa and 305 for the Municipality of Berbera (GeoPolicity: Study on Sector
Functional Assignments on Water, Education and WASH, 2012). To address this overstaffing quandary,
there were efforts paid by some of the mayors (such as the mayor of Hargeisa) to downsize and retain a
sufficient number of staff while improving the working conditions of the remaining ones. Paradoxically,
this endeavor was short-lived and was not sustained, mainly due to the widespread unemployment and
pressure from the community at large.

Besides, the vast majority of the existing staff members doesnt have job descriptions, and are often
unaware of what they are expected to do. Understandably, the absence of clear-cut terms of references
further complicates the performance of existing employees.

3.5 Stray Focus

Councilors and executive committees of the local governments were initially engaged in power
struggles, rather than focusing on their core functions in their first five years in office. This competition
has prevented a focus on institutionalization and development. Councilors in Gebiley broke the record
of the appoint and dismiss drama, as they have just elected the sixth mayor since the last local
government election. However, it is worth mentioning that, for the last several years, the fever of

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competition subsided mainly due to the increasing understanding of the councilors as well as the
amended Regions and Districts Law, which demands 2/3 majority to change mayors and their deputies.
Many councilors since then have demonstrated a greater degree of responsibility and they have
concurrently worked towards a delivery of services, such as the improvement and construction of roads,
often in partnership with local communities and some UN agencies.

3.6. Conflicting Legal Framework

Though a good number of the necessary and relevant laws were developed and enacted, yet there is a
great need to harmonize these different laws that affect local governance. For instance, there is no clear
distinction about which taxes should be collected by the central government and by the local
governments. To make matters worse, borders of the new districts are not delineated and, therefore,
taxation dispute arises between the districts. A taxation unification law was enacted but it is not
functional in all districts, as many districts develop their tariffs as stipulated in the local government law.
In addition, the main local government law has only been partially implemented, due to the substantial
11
fiscal disparities between districts. A number of sector ministries are currently in the process or
revisiting sector policies and acts. However, it is not carried out in a coherent manner.

3.7 Expired Mandate

The term in office of the local councilors expired in 2007 and, since then, there have been recurrent
extensions from the House of Elders (Guurti), which has the ultimate mandate to renew the lifespan of
national institutions. Conversely, this has damaged the reputation and credibility of the elected councils
and weakened their public accountability, since their term became an open-ended one. Despite the
promise of the government to organize local government elections in 2012, there are fears that the
elections might not actually take place in this year. As a result, a further extension from the House of
Elders might once again be the unavoidable option.

11
Ministries of Health, education and Water are presently in the process of reviewing sector policies and
guidelines.

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4. Opportunities

There are some promising opportunities awaiting local governments in Somaliland. If these
opportunities are seized competently, local governments could realize tremendous changes and positive
reforms. Let us highlight these opportunities one at a time:

4.1 Upcoming Local Council Election

As the local councils election is now expected, if all goes well, to take place this year (12exact date to be
announced by National Electoral Commission), there is a great window of opportunity for change. In
other words, it is an opportune moment to analyze what went wrong in the last local government
election and so tighten up shoes to correct these mistakes. Therefore, electorates should seize this
opportunity and elect honest, capable and qualified local councilors. As per the amended election law,
the age limit of the councilors has been reduced to 25; thereby youth should actively participate in and
run for the local government election. This will be beneficial for the country as a whole, for young,
energetic and educated members will possibly join local councils and hence rejuvenate the council
functions.

Political organizations are also expected to behave responsibly and identify competent and qualified
candidates for the upcoming elections as mandated by law. Clearly, political organizations will play every
possible trick that will help them emerge as national parties, but one way that will surely help them gain
the minds and hearts of the electorates is careful and strategic selection of candidates. Electoral
commission and other concerned institutions should check the rigorous compliance of the election laws
and satisfaction of basic requirements. On the gender front, the exemplary performance of the mayor of
Gabiley (the only female mayor in Somaliland) should serve as a living example to women in general
and, therefore, they should play a proactive role in the election and aim at having more women

12
New political organizations (15 in total) plus the three existing political parties will participate in the forthcoming
local government elections. Preparations are currently underway, though at a lower pace.

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councilors in local governments. In short, Somaliland needs to have pragmatic and able councilors who
are not pre-occupied with the famous dismiss and replace attitude but rather focus on a development
agenda.

4.2 Cost-Sharing Approach

The ever more popular approach of cost-sharing between local governments, on the one hand, and the
ad-hoc development committees of the neighborhoods in major towns, gives an unprecedented
opportunity to local governments in terms of delivery of services. Some local governments have
introduced this concept and, as a result, a great change has been noticed in the services being delivered
in terms of efficiency, cost effectiveness and satisfaction. Local communities, similarly, demonstrated
their willingness to collaborate with local councilors when properly approached and convinced. 13A case
in point is the collaboration between the two observed in several towns in the country, where they
worked together and improved a good number of roads through this cost-sharing approach. In Hargeisa,
for instance, the local council managed to construct more than two dozen tarmac roads through that
approach. Reportedly, many more communities are willing to contribute to local development
initiatives, and local councilors are taking tough decisions as to which road to be improved and financed.
(Interview with the Mayor of Hargeisa, 2011). This positive development has not only contributed to the
improvement of the deteriorated roads but equally shrunk the suspicion gap and, consequently, built
the trust between the two. Thus, local governments should recognize this communal awakening and
make the best use of it.

13
Due to the improved trust between councilors and local people, neighborhoods now in Hargeisa organize
themselves, identify priority needs in their neighborhood, mobilize almost 40% of the cost of the project, and
approach local government for the rest, which often co-funds such projects and mainly for the road sector.

18 Local Governments in Somaliland: Challenges and Opportunities

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4.3 Availability of International Development Partners

The availability and willingness of international development partners to contribute to local governance
capacity building gives yet another hope to local governments. Such development partners include the
UN Joint Programme on Local Governance and Decentralized Service Delivery. In the last couple of
years, this programme has focused on building the capacity of councilors and the administration, as well
as systems and procedures. Perhaps it is worth mentioning that many civil servants at the central
government institutions did not have such an opportunity and, thus, their capacity is comparatively low.
This joint programme, where five UN agencies joined hands to improve local governance presents an
unparalleled prospect to local governments. If capitalized skillfully, local governments could obtain the
much-needed technical and financial support for systems reform, institutional and capacity
development, as well as greater service delivery.

4.4. Association of Local Governments Authority in Somaliland

The formation of the first local government association is another opportune development for local
governments. This organization is now active, and many local governments have already subscribed to
its membership. It can facilitate such vital issues as peer learning and experience sharing. Local
governments, as such, can learn one from another, avoid hiccups and duplicate best practices. Though
the association is struggling with issues related to institutionalization, it has already played a crucial role
in creating a friendlier environment between central government and the local governments (Prospects
of Decentralization in Somaliland).

19 Local Governments in Somaliland: Challenges and Opportunities

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4.5 Improved understanding of Local Governance Issues

As a result of thorough trainings and capacity development packages, stakeholders now enjoy better
understanding of local governance issues. Councilors are now clearer on their roles and responsibilities.
Local communities are on their side willing to engage with local governments to ensure delivery of
greater services.

Finally, as I am writing this paper, I came to know that Hargeisa Municipality reinvested part of its
revenue in local meat vendors in order to help them grow and prosper. This is indeed a way of paying
back to tax payers, and the Hargeisa local government deserves to be applauded for this another
commendable move (after a road construction scheme which it pioneered). Above all, it demonstrates
greater responsiveness and increasing understanding of the local governance issues.

4.6 National Development Plan

Lastly but not the least, the finalization and recent launch of a five-year National Development Plan that
envisions creating an enabling environment that is conducive for economic growth and efficient
governance constitutes a major landmark, as it clearly articulates national priorities and development
14
needs both at local and national levels. At the district level, availability of a 5-year District
Development Framework that is in line with the National Plan is another opportunity.

5. Recommendations

Clearly, the challenges stated above cant be met successfully with simple shortcut solutions but,
instead, they require a multi-faceted approach. Listed below are some recommendations that, if
adopted, will hopefully provide short and long term remedial measures.

14
District Development Framework is finalized in Hargeisa, Borama, Berbera, Buroa, Sheikh and Odweine

20 Local Governments in Somaliland: Challenges and Opportunities

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5.1 Capacity Development:

Continued capacity development package for all local governments is required. As mentioned, efforts
aimed at capacity development were carried out and some positive changes were recorded. However,
continued capacity and institutional development will be required, in the short term at the very least.
This is meant, in the first place, to upgrade technical, administrative and managerial skills of councilors
and administration staff so that they can undertake effective strategic and participatory planning
process at the district level.

Moreover, as new councilors are expected to be elected, there will be a greater need to launch another
cycle of capacity development package to help incoming councilors better adjust to the new settings.
However, the proposed capacity development effort needs to be based on a comprehensive training
needs assessment to be carried out right after the election to determine the level, background and
qualification of the new councilors. Equally, other technocrats that will stay there regardless of the local
government election will need a refresher package so that they will not only sharpen their skills but also
keep pace with the new councilors. Nevertheless, the need to have focused and relevant trainings for
councilors and local government staff must be noted and conducted accordingly. Specifically, thorough
trainings on land management, urban planning and local economic development are the top priorities
for the time being.

The recently-finalized National Development Plan is crystal clear about the capacity development of
both national and local government and other institutions. The national capacity in terms of the
effectiveness of institutions, and the quality of human resources available is low and must be addressed
strategically. The strategy must aim at building the capacity of central government institutions, local
governments, private sector enterprises and community organizations (NDP Pg 23)

As part of this capacity development package, local councilors should be assisted in undertaking study
tours to the countries in the region, preferably to the ones that have undergone similar socio-economic
upheavals and successfully emerged. Such exposure visits would serve as an eye-opener experience for
local councilors.

21 Local Governments in Somaliland: Challenges and Opportunities

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15
Local governments on the other hand are required to come up with a sound strategy that would
enable them to retain the empowered staff, otherwise the proposed capacity building packages would
not have a tangible impact. If local governments can aggressively raise legislated taxes, effectively
manage public expenditure, eliminate redundant staff, they can offer competitive pay.

5.2 Civil Service Reform and Development of Human Resource Policy

Civil service reform is critical if Somaliland wants to build a cadre of motivated professionals who can
provide the mandated service delivery. The development of a comprehensive human resource policy -
to address the key gaps identified related to human resource management issues - could be the first
step towards that reform. The current practice is that staff at local governments does not have even
terms of references let alone a human resource policy that guides the recruitment process, promotion,
staff training, as well as retirement schemes. In the absence of such a policy, it will be difficult to
seriously address the said issues. The policy will also guide the different steps of the recruitment process
and will eliminate the ever-increasing recruitment without considering the needs on the ground. More
importantly, it will advise the best way of undertaking staff right-sizing and the elimination of ghost
employees, while taking into account local government development priorities and resource
constraints. As an immediate intervention, however, terms of references for each staff should be
developed by local governments, and close supervision and monitoring mechanism must be put in place.

5.3 Revenue Collection and Budgeting Improved

Local governments need to have adequate and sustained sources of revenue, so that they can be
responsive to the needs of their communities. Revenues are not presently collected in an efficient
manner, though resistance from tax payers cannot be ruled out. Financial management practices
employed at the local governments was, until recently, quite primitive but perhaps, thanks to the UN-
HABITATs assistance, now an automated system has been introduced and it is making a difference. The

15
Currently the situation is that any capacitated municipal employees are likely to be lured by the private sector
since working conditions and pay of the civil servants is generally very low.

22 Local Governments in Somaliland: Challenges and Opportunities

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advantages of these systems have been widely recorded and debated at the local and central
government levels, and an agreement to expand the system has been reached. There is still a need to
institutionalize the automated system and then adopt it as the sole accounting system for the country as
a whole.

Likewise, the GIS-based property survey exercise, which was carried out in Hargeisa, Borama and
Berbera, proved to be extremely useful in the maximization of municipal revenue. This intervention was
made through the assistance of UN-HABITAT, and it demonstrated convincing results regarding the
maximization of the local government revenue. For instance, in Hargeisa, where this GIS-based property
survey had made the greatest impact, property tax increased more than %250. (UN-HABITAT Local
Government Finance Reports, 2011) To this end, there is a great need to expand this initiative to other
major towns of Somaliland, in order that the revenue base can be strengthened and enlarged. The
current budgeting system of the local governments needs also to be modernized and eventually,
principles of participatory budgeting applied. One recent bold step was the introduction of a service-
based accounting system, where local governments will have opportunities to link services to both
revenues and expenditures and, as a result, determine which section is paying off.

A comprehensive revenue study, which should explore potential sources of income, should be carried
out. Such an exercise will prove extremely helpful if it highlights sustainable and viable sources of
income that local governments should focus on, so as to sustain and maximize revenues. Besides, the
current inter-governmental fiscal transfer needs to be revisited and streamlined. The revised resource
transfer should be based on key factors such as population figures, human development requirements
on the ground, and basic social indicators. In addition, its disbursement procedures should be carefully
designed and systemized.

5.4 Improved Service Delivery

Councillors and local government staff should realize that, by law, they are mandated to provide
services to the communities in their localities. Hence, greater service delivery must be planned and
budgeted. Specifically, the systematic collection and proper disposal of garbage should be given utmost

23 Local Governments in Somaliland: Challenges and Opportunities

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attention, as it grossly affects the health and well-being of the society. It is, therefore, imperative that
premier consideration should be given to better ways of waste management. This includes the
availability of adequate sanitary infrastructure.

Councillors, on their part, should pass by-laws imposing fines on those who are behaving unscrupulously
and throwing garbage in every place they can find. This should be embedded in an aggressive and
sustained civic education programme, educating citizens on their rights and responsibilities. Citizens
should also contribute to the betterment of their environments and, in this regard, properly dispose of
garbage.

Local governments should also capitalize on the willingness of the local communities and systematically
plan and finance quick impact projects that are sustainable and beneficial to all. The recent practice of
local governments in enhancing service delivery capacity should therefore be sustained and
strengthened.

5.5 Improved Oversight Role of the Central Government

Though local governments are autonomous, the law also gives the Ministry of Interior the oversight role
related to the performance of local governments. Presently, the Ministry of Interior is over-loaded, since
it is responsible for national security, coastal guard, immigration issues, as well as local governments.
One would not expect a close oversight role from such an over-burdened national institution.

In order to enhance institutional development of local governments as well as service provision capacity,
Ministry of Local Governments should be established. Since the Ministry of Interior is over-burdened,
and often pre-occupied with issues other than the enrichment of local governance, the creation of a
separate entity that sets the required legal framework and formulates relevant policies is much needed.
The proposed ministry can take care of additional national tasks, when and as required, but its primary
focus should remain on local government development.

24 Local Governments in Somaliland: Challenges and Opportunities

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Moreover, this ministry would act as a watchdog over the performance of local councils and ensure the
proper usage of tax payers money, central government grants as well as funds received from
development partners concerned with development purposes.

5.6 Legal Framework Harmonized

As effective regulatory framework is key to successful governance; harmonisations of the existing laws
that govern local governments is paramount, in order to streamline local government functions. The
demarcation of districts will lead to taxation demarcation and, as such, there will not be confusion about
who collects what. The amendment of local government law and the setting up of reasonable service
delivery functions for municipalities or developing subsidiary regulations, will clarify service delivery
mandates of local governments. Furthermore, the development of effective policies and a sustained
legal framework should be aimed at, so that local governments will be held accountable and an
environment conducive for equitable service delivery will be created. The on-going review of acts and
policies of the sector ministries should be carried out in a coherent and well coordinated manner. In
short, an effective institutional legal framework will foster and facilitate the quest of turning local
governments into credible and accountable sub-national structures that are responsive to the needs of
the local people whom they serve.

5.7 Careful Selection of Executive Secretaries

In an effort to make local governments effective national sub-structures, the Ministry of Interior should
be careful in its appointment of executive secretaries. Even in the complex situations where balanced
representations seem inevitable, key qualities of competency, proven leadership and relevant
experience must not be compromised. It should also be understood by all that the position of executive
secretary is meant to be purely technical, not a political nomination; thus candidates should be
equipped with the necessary qualification and expertise. Only then can our local governments make
serious efforts towards institutionalization.

25 Local Governments in Somaliland: Challenges and Opportunities

By: Abdirahman Adan Mohamoud


5.8 Strengthened Local Government Association

Presently, there is an Association of Local Governments in Somaliland, aka ALGASL, though it is at an


infant stage. This association needs to be supported and encouraged to grow further so that it can fully
unite the voices of the local governments and thus advocate local governance issues, facilitate
experience sharing and peer exchange programmes, not only within its members but also with similar
associations in the region and beyond. The association must also be linked to the similar institutions in
the region for the benefit of experience sharing. An effective local government association can provide
the much-needed capacity and institutional development packages that all its members can benefit
from it.

5.9 Creation of a Local Government Award

The introduction of a Local Government Award will create healthy competition among the local
governments in the country. Once formed and pertinent information adequately disseminated, the
concerned parties will surely compete in relation to greater service delivery, better management of
waste, installation of street lightings, and the invention of better strategies for poverty reduction. The
introduction of a meaningful and valuable award with transparent eligibility criteria will hopefully serve
as a watershed between two eras: the end of the era of internal power struggle and greediness and the
beginning of the era of delivery of greater services, and the implementation of more development
projects with greater public participation. The proposed award can have a yearly changing theme such
as waste management, roads improvement, flood protection, local economic development, etc.

Studies have suggested, for instance in Rwanda when a Local Governments Innovation Competition was
introduced, that such an award scheme can completely rejuvenate the sub-national structures and
promote a healthier competitive spirit, replacing the struggle over the meagre available resources. In
Rwanda it also proved to be a great way to build the capacity of local governments. Somaliland could
also do the same!

26 Local Governments in Somaliland: Challenges and Opportunities

By: Abdirahman Adan Mohamoud


6. Concluding Remarks

Local governments in Somaliland have made tremendous progress in their efforts to achieve
institutional development, creating a better understanding of local governance issues and, above all,
building trust between them and the local people. However, given the strategic importance of local
governments in addressing local needs, local governments in Somaliland need to be assisted in standing
their feet firmly on the ground.

Such crucial assistance could take in the form of technical and financial assistance in the areas of
resource mobilization, planning and budgeting processes, as well as capacitating councilors and
administration staff. Capacitated local governments with clear-cut policies, sufficient resources, or at
least reasonable subsidiary plans, will be in a better position for delivering the mandated services and,
hence, will contribute to fostering local economic development.

27 Local Governments in Somaliland: Challenges and Opportunities

By: Abdirahman Adan Mohamoud


7. References:

JPLG: Report on Institutional Assessment for Service Delivery in Somaliland 2009, available at:
http://jplg.org/docs.aspx accessed on [14/03/2012]

UN-HABITAT: Report on Local Government Finance Report 2008

Ibrahim Hashi Jama: Somaliland Local Government Re-organization through Presidential


Decree in an Election Year available at:
http://kulmiye.com/128/somaliland-local-government-re-organisation-through-presidential-
decrees-in-an-election-year-by-ibrahim-hashi-jama-wwwsomalilandlawcom/ accessed on
[12//03/2012]

Academy for Peace and Development: Pillars of Peace Sept, 2010, available at:
https://www.google.so/#hl=en&sclient=psy-
ab&q=+Academy+for+Peace+and+Development:+%E2%80%9CPillars+of+Peace%E2%80%9D+Se
pt%2C+2010.&oq=+Academy+for+Peace+and+Development:+%E2%80%9CPillars+of+Peace%E2
%80%9D+Sept%2C+2010.&gs_l=serp.3...31003.33293.1.34422.3.3.0.0.0.1.238.434.0j1j1.2.0...0.0
...1c.1j2.9.psy-
ab.wJzSqqrW2yI&pbx=1&bav=on.2,or.r_qf.&fp=e10b9d7ca518c9de&biw=1366&bih=667
accessed on [12/03/2012]

Interview: Mayor of Hargeisa Feb, 2012

Interview: Mayor of Berbera Feb, 2012

Ministry of Interior: Ministerial Decree on Accounting and Budgeting Format 2011

28 Local Governments in Somaliland: Challenges and Opportunities

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UNDP/JPLG: Organizational/Institutional Review of the Structure of Sub-National Levels
2010 available at:
http://jplg.org/docs.aspx accessed on [14/03/2012]

UN-HABITAT/JPLG: Proposed Roadmap on Municipal Finance Policy 2010

Abdirahman Adan Mohamoud: Prospects of Decentralization in Somaliland 2011 available at:


http://www.somalilandtimes.net/sl/2011/518/39.shtml accessed on [18/03/2012]

Local Government Election Law, 2011 available at:


http://somalilandlaw.com/electoral_laws.html#elconsol2012 accessed on [29/03/2012]

Regions and Districts Law, 2002 available at:


http://somalilandlaw.com/local_government_law.htm

Intermedia NCG: Report on Outcome Evaluation System, April 2011 available at:
http://jplg.org/docs.aspx accessed on [14/03/2012]

GeoPolicity: Study on Sector Functional Assignments on Health, Water and Education in


Somaliland January, 2012 available at:
http://jplg.org/docs.aspx accessed on [14/03/2012]

National Development Plan 2011-2016 available at:


http://slministryofplanning.org/images/pdf_offical_documents/ndp-%20somaliland-national-
development-plan%20-%20final.pdf accessed on [14/03/2012]

Abdirahman Adan Mohamoud


Hargeisa
abdirahman.adan@gmail.com

29 Local Governments in Somaliland: Challenges and Opportunities

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