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Commissioners’ Consultation on the Local Government Framework
11-15th December 2006
YEI, Southern Sudan
“Take Towns to the People
People First”
SUMMARY REPORT
Organised by the Government of Southern Sudan
With Support from United Nations Development Programme
Southern Sudan
1
Acknowledgement
I take this opportunity to express our sincere appreciation to His Excellency Lt. General Salva Kiir Mayardit First Vice President of The Republic of Sudan, President of the Government of Southern Sudan and Commander in Chief, SPLA for officiating and delivering a key note address at the Commissioners’ Consultation. His personal presence demonstrated commitment to the establishment of a strong local government system that would deliver services to the people. The opportunities and challenges facing the establishment of Southern Sudan which he raised in his address provided a good basis for focused deliberations.
I would also like to thank His Excellency Lt. General Dr.Riek Machar Teny Vice President and Minister of Housing, Lands and Public Utilities for dedicating time to respond to issues raised by participants and closing the consultations.
The personal presence and full participation of the Commissioners and State Ministers of Local Government in the deliberations not only made the consultations a success but also revealed their total commitment and support to the implementing reforms in local government system..
The Government of Southern Sudan is very grateful to UNDP, PACT and CRS for supporting the organization of the consultations. We acknowledge the important role UNDP play through the support to states programme. I recognize and appreciate the participation of our other development partners in supporting the establishment of a local government system in Southern Sudan.
Finally, I would like to thank the Facilitators Mr. Patrick Mutabwire, Dr. Nansozi Muwanga and Mr. Gordon Soro for their tireless efforts in guiding the Consultations and producing this report.
H.E. Caesar Archangelo
CHAIRPERSON LOCAL GOVERNMENT BOARD
ACRONYMS
CANS=Civil Authority for New Sudan
CCSS=Coordinating Council of Southern Sudan
CES=CentralEquatoriaState
CPA=Comprehensive Peace Agreement
CSOs=Civil Society Organizations
CRS=Christian Relief Services
DDR=
GFSS2=Second Governors Forum of Southern Sudan
GONU=Government of National Unity
GoSS=Government of Southern Sudan
LG=Local Government
LGA=Local Government Act
LGB=Local Government Board
LGF=Local Government Forum
LGDF=Local Government Development Fund
LRA=Lords Resistance Army
MDGs=Millennium Development Goals
MoLG=Ministry of Local Government
SMoLG=State Minister of Local Government and Law Enforcement
NBGS=Northern BahrGhazalState
NCP=National Congress Party
NGOs=Non Governmental Organizations
OAGs=Other Armed Groups
PACT=Partners Cooperating Together
SAF=Sudan Defence Force
SPLM/A=Sudan Peoples Liberation Movement/Army
SS=Southern Sudan
SSCCSE=Southern Sudan Commission for Census, Statistics & Evaluation
SSLA=Southern Sudan
SSPCC=Southern Sudan Population Census Council
SSWDWOS=Southern SudanWar, Disabled, Widows and Orphans Commission
TLs=Traditional Leaders
UN=United Nations
UNS=UpperNileState
UNDP=United Nations Development Program
TABLE CONTENTS
ACRONYMS
TABLE CONTENTS
EXECUTIVE SUMMARY
SECTION ONE
BACKGROUND
Introduction
1.1Objectives
1.2Workshop Approach
1.3Structure of the Report
SECTION TWO
OPENING CEREMONY OF THE COMMISSIONERS CONSULTATIONS
2.1. Prayer
2.2. Welcome Note by the Governor of Central Equatoria State
2.3.Opening Note by the Chairman Local Government Board
2.4.Opening remarks from UNDP
2.5. Key note address by H.E the First Vice President of the Republic of Sudan, President of the Government of Southern Sudan
SECTION THREE
SITUATIONAL ANALYSIS OF LOCAL GOVERNMENT SYSTEM IN THE STATES
3.1.Local Government in the context of Southern Sudan
3.2.Synthesis of issues in the situational analysis of Local Governments in the States
SECTION FOUR
LOCAL GOVERNMENT FRAMEWORK
4.1Objectives of the presentation
4.2. The process of formulation of legislation
4.3. GoSS and State Government Roles
4.4Components f the local Government Framework
SECTION FIVE
PRESENTATION FROM GOSS MINISTRIES AND AGENCIES
5.1.5th Sudan Population and Housing Census
5.2.Taxation in Local Governments
5.3.Southern Sudan War, Disabled, Widows and Orphans Commission (SSWDWOC)
5.4Security and Public Order –SSLA
SECTION SIX
Recommendations: The Yei Local Government Platform of Action
6.1Ministry of Legal Affairs and Constitutional Development
6.2Ministry of Internal Affairs
6.3. Address by the Vice President of Government of Southern Sudan
SECTION SEVEN
Closing of the Workshop
7.1. Vote of thanks by Participants
7.2. Remarks by Representative of UNDP
7.3.Remarks by Chairperson of the Local Government Board
7.4. Closing remarks by H.E the Vice President
ANNEXES
Annex 1: The Yei Local Government Platform For Action
Annex 2: List of Participants
EXECUTIVE SUMMARY
Background
The Government of Southern Sudan wants to establish a local government system to provide the basis for the systematic and effective delivery of services. As part of the ongoing consultations and dialogue around both the form and substance of the local government framework, the Government of Southern Sudan together with UNDP, CRS and PACT convened a five-day workshop on the Local Government Framework for Commissioners in Yei. .
The Workshop was a follow up on the Governors’ Forum, October 2006, which discussed and endorsed the Local Government Framework. The workshop’s dual themes – Take Towns to the People and People First capture the determination and the efforts made by the Government of Southern Sudan to establish local government system that takes into account the state’s background, experiences and aspirations of the people.
In his opening remarks, His Excellency, the First Vice President of the Government of Sudan, President of the Government of Southern Sudan, Lieutenant General Salva Kiir Mayardit challenged the workshop participants from all states of Southern Sudan to:
- Take a decision on the total number of Counties and how best they can be organized to effectively provide services to the people.
- To avoid creating new Counties, before the Local Government Act is approved and passed by the Southern Sudan Legislative Assembly.
His Excellency asked the Ministry of Legal Affairs and Constitutional Development to work on power sharing and the functions between States and Counties, the Ministry of Finance and Economic Planning, on the formula of allocation of block grants from the States to the Counties and Ministry of Public Service and Human Resources Development to handle the issue of over employment and the staff ceiling in the Counties.
Objectives
This background accounts for the well-defined workshop objectives. The overall objective of the workshop was to bring together the Commissioners to dialogue, share experiences and exchange views on the common problems facing their counties in order to find common solutions.
The specific objectives of the workshop were to:
a)To provide an opportunity for Commissioners to deliberate and contribute to the LG Framework which is to form the basis for the LGA of Southern Sudan, before the legislative process commences in early 2007;
b)To consult with the CountyCommissioners on administrative and service delivery issues that are crucial to the success of each LG Authority in carrying out its duties during the interim period
Approach
The process through which the consultations were conducted to achieve the above objectives in response to the challenge by His Excellency the Vice President of Sudan, involved presentations, discussions of the presentations, group work among the Commissioners aimed at identifying the challenges of local government as well as the crafting of collective vision of possible solutions.
Workshop Outcome
- Policy and Legislation
- Human Resource Development and Management
- Local Councils/Structure
- Election of Councils
- Interim councils
- Powers and functions of local council units
- Planning and Budgeting
- State –Local Government relations
- LG-Traditional Leaders Relations
- Relations between LGs and GoSS
- Local Justice System
- Security
- Institutional Facilities
- IDPs and Returnees
- Food security
- Services/Initiatives of States/Counties
- Financial Management and Procurement
Key Recommendations
The recommendations from the workshop deliberations on the above issues were as follows:
Policy/Legislation
Recommendations
•Quickly pass the legislation on the LG Act to ensure uniformity in the system and clear guidelines on executive structures;
•Transform with immediate effect LG Board into GoSS Ministry of Local Government recommended by all (Counties and MoLGs);
•Revise constituencies of 1972 as a basis for the creation of counties, payams and chieftaincies.
Human Resources Management
Recommendations
•New salary structure required for chiefs
•Chief needs training in LG regulation – as most important points of contact with the people
•Additional [adult] education also required for chiefs
•Pensions should be provided to chiefs
•Former CANS staff are not being paid salaries?
•Fair salary system should be established for the chiefs, according to a structure.
•The GoSS to urgently speed up the harmonisation of CANS and CCSS;
•Screen labour force in the counties – seconded and existing staff, and grading;
•Train staff in all counties (planning, taxation, accounting, local government administration) that is short-term and ongoing;
•Equalise, raise, and harmonize salary structure across SS.
Local Councils (Structure, Election of councils, Interim councils)
Recommendations
•Bomas should be formed where not yet established, e.g. in the Payams of Juba county. Important for heritage.
•Ensure the clear and impermeable demarcation of county boundaries;
•Issue warrants to establish existing counties;
•Local Councils to formulate laws, approve budgets and plans and policies of LG.
Financial Management
Recommendations
•Budgets allocated to counties to have clear transfer arrangement and details of apportionment;
•A Formula required for fund transfers;
•Reactivate the collection of local taxes;
•Produce and circulate uniform financial forms among LGs to ease accountability;
•Establish internal and external procurement systems for counties’ right to procure;
•Conduct transparent external audit of accounts that are systematic “What belongs to us should come to us”.
Planning and Budgeting
Recommendations
•Second planning officers to the counties
•Train staff in budgeting and planning;
•Promote bottom-up planning, ownership and participation through creation of planning units/departments at the county level
Powers and functions of local council units
Recommendations
•Clarify and define Commissioners’ powers in relation to those of County
Executive Directors.
State – Local Government Relations
Recommendations
•Strengthen the Inter-Authority relationships – GoSS/LGB, States, Counties, traditional authorities;
•Clarify the relationship between MoLG and State law enforcement organs and capture that relationship (State MoLG should have full authority over state law enforcement) in the LG Act;
•Promote inter-county relation and linkages through exchanges and regular meetings (quarterly);
•Establish a County Commissioners Forum to reinforce the LG system;
•State/GoSS budget to fill in core staffing gaps in counties.
Local Government -Traditional leaders’ relations
Recommendations
•Restructure the role and positions of executive chiefs to effectively use their comparative advantage and knowledge on land, security, traditions and cultural practices;
•Provide Chiefs with houses throughout SS to facilitate accommodation and reception of guests;
•Equip TLs with tools and conditions that enable them to fulfill their roles in their communities more satisfactorily;
•Establish an office for the chief at different levels, Boma, for co-ordination and representation;
•Create a space for forums for traditional leaders, within states and between states;
•Develop clear criteria for electing and paying chiefs that are credible and objective.
Relations between Local Governments and GoSS
Recommendations
•Place customs officials along the border with Ethiopia [Upper Nile State (UNS)];
•Ensure the rotation of the UNS Governor’s seat (currently National Congress
Party (NCP);
•Fund the construction of CountyHQs from GoSS budget;
•The GoSS to streamline, systemize and standardize pricing of commodities.
Local justice system
Recommendations
•Set up special courts for handling pending cases;
•Construct police cells, recruit and train police officers and provide adequate
supplies/equipment;
•Train law enforcement agencies;
•Deploy qualified judges to counties.
Security
Recommendations
•Absorb All Other Armed Groups (OAGs) into SAF or SPLA;
•Strengthen the (DDR) programme for disarming and demobilising civilians with arms;
•Integrate former combatants through training and financial support
•Create effective custody/detention areas for criminals in Bomas
•Train and equip (mobility, communications) Law enforcement officers and chief retainers.
Institutional Facilities
Recommendations
•Provide supportive infrastructure in the counties – offices, equipment, phones, long range radios, computers, transport, stationery;
•Provide officials with accommodation.
IDPs/Returnees
Recommendations
•The GoSS, the GoNU and development partners to encourage IDPs to return to be counted in the forthcoming census;
•The GoSS and States to use budget allocated for supporting returns, eg transportation.
Food security/natural problems
Recommendation
•Introduce mechanized agricultural and irrigation systems;
•Develop and promote agricultural extension services.
Gender, Education and Related Concerns
Recommendations
•Provide girls with free education to equalize opportunities – consider setting up girls secondary schools;
•Encourage and implement gender equity especially the 25% quota system for women;
•Encourage women into administration Promote women and private sector development;
•Construct and equip vocational training centre;
•Raise public awareness on peace and culture through media.
1
SECTION ONE
BACKGROUND
Introduction
The Government of Southern Sudan wants to establish a local government system to provide the basis for the systematic and effective delivery of services. As part of the ongoing consultations and dialogue around both the form and substance of the local government framework, the Government of Southern Sudan together with UNDP, CRS and PACT convened a five day workshop on the Local Government Framework for Commissioners in Yei.
The Workshop was a follow up on the second Governors Forum of Southern Sudan (GFSS2) which was held from 26th October 2006 to 1st November 2006. The Forum was attended by nine State Governors, one Deputy Governor and State Ministers and was addressed by Ministers at GoSS level. Other participants were representatives of South Sudan development partners including UN Agencies, International non-governmental organizations. The theme of the Forum was “Forging Strategic Partnerships in Southern Sudan”.
The second Governor’s forum was convened in accordance with a resolution of the first Governors Forum that it meets three times in one year to review, share and update state affairs to the GoSS and to the states.
The Government of Southern Sudan has embraced decentralized and federal governance which devolved governance structures. This has been entrenched in both the CPA and the Interim Constitution of Southern Sudan (ICSS) as the basis for governance in Southern Sudan
In this context, the Government of Southern Sudan has a three tier governance structure: GoSS, States and local government. Each of these units of governance has clearly spelt constitutional provisions which define own functions, concurrent functions and residual functions. The Interim Constitution also provides for revenue and sources of income for each tier of governance. However, as each level/unit of governance is evolving institutionally and in the process of assuming its roles and functions, there is a need for coordination and regular information sharing. The Governors Forum serves to provide rational mechanism to meet this coordination and information sharing.
The objectives of the Second Governor’s Forum were:
i)Review the progress and learning: for effective coordination and efficiency
ii)Inform the State governments on preparation for programs and budget for 2007.
iii)Have triangular communication with the partners namely: the GoSS, States and partners and agree on the way forward.
iv)Discuss policy and programmatic issues including Local Government Framework and proposal for support to the states.
According to H.E the Vice President of GoSS the expected results from the Forum
were:
i)Common understanding on the progress, learning and future programs/ budget developed between GoSS and states.
ii)Clarity with partners developed on their support potential to the GoSS and states in 2007.
iii)Policy and programmatic issues including the support to the state discussed and agreed upon.
iv)Inputs on the Local Government Framework received.
The Local Government Framework was discussed and endorsed by the Governors. The workshop’s dual themes – Take Towns to the People and People First capture the determination and the efforts made by the Government of Southern Sudan to establish local government system that takes into account the state’s background, experiences and aspirations of the people.
1.1Objectives
This background accounts for the well-defined workshop objectives. The overall objective of the workshop was to bring together the Commissioners to dialogue, share experiences and exchange views on the common problems facing their counties in order to find common solutions.
The specific objectives of the workshop were to:
i) To provide an opportunity for Commissioners to deliberate and contribute to the LG Framework which is to form the basis for the LGA of Southern Sudan, before the legislative process commences in early 2007;
ii) To consult with the CountyCommissioners on administrative and service delivery issues that are crucial to the success of each LG Authority in carrying out its duties during the interim period.
1.2Workshop Approach
The process through which to achieve the above objectives in response to the challenge by His Excellency the Vice President of Sudan, President of GoSS involved presentations, discussions of the presentations, group work among the Commissioners aimed at identifying the challenges of local government as well as the crafting of collective vision of possible solutions.