Graduate School of Development Studies The Influence of the Presidentially Appointed Councillors on Local Governance: The Case of Accra and Kumasi Metropolitan Assemblies in Ghana A Research Paper presented by: Wuripe Alhassan [Ghana] in partial fulfilment of the requirements for obtaining the degree of MASTERS OF ARTS IN DEVELOPMENT STUDIES Specialization: [Public Policy and Management] [PPM] Members of the examining committee: Dr. Sylvia Bergh [Supervisor] Dr. Barbara Lehmbruch [Reader] The Hague, The Netherlands November, 2011 Disclaimer: This document represents part of the author’s study programme while at the Institute of Social Studies. The views stated therein are those of the author and not necessarily those of the Institute. Inquiries: Postal address: Location: Telephone: Fax: Institute of Social Studies P.O. Box 29776 2502 LT The Hague The Netherlands Kortenaerkade 12 2518 AX The Hague The Netherlands +31 70 426 0460 +31 70 426 0799 ii Dedication This research paper is dedicated to my humble and lovely parents Adam Mahama Wuripe and Abiba Wuripe for their untiring effort to see me to this level iii Acknowledgement Thanks and praises be to Almighty God for making this a success. To my supervisor, Dr. Sylvia Bergh, I say thank you for the patience, guidance and directions you gave me in this endeavour. You have imprinted an indelible mark on me and I will forever remain grateful. I would also like to thank my second reader, Dr. Barbara Lehmbruch for the invaluable insights you offered throughout this study. I know I cannot repay you, all I would say is ‘Naawuni Ni Yo Sam veili’. I also want to thank all professors and support stuff of ISS especially those of the PPM specialization for the knowledge they have impacted to me, I have really learnt a lot. It was wonderful studying under your tutelage. To the entire PPM class of 2011, I say ‘dank u’ for the companionship we shared throughout the journey. I also want to acknowledge and thank ISS Ghanaian community for the wonderful friendship and love we shared during this insight journey. To my Dad and Mom, thank you for the love, support and motivation. May the good lord shower abundant mercies and blessings on you. And to the entire Wuripe family, thank you for your prayers and support. Special thanks also go to Chief Alhaji Bingle and honourable Isaac B. Assah for the support during my field work. I would like to also acknowledge and appreciate the Dutch Government who made it possible for me to undertake this course through the NUFFIC Fellowship Programme. Last but not the least, to my brothers and friends; Ali, Ridwan Rufai, Sadiq, Wuni, Al-Jabbar Majeed (Abology) and Humaida thank you all for your love, support and encouragement while I was away. GOD BLESS US ALL iv Contents Disclaimer: Dedication Acknowledgement List of Tables List of Figures List of Maps List of Acronyms Abstract ii iii iv viii viii viii ix x Chapter 1 Introduction 1.1 Background 1.2 Statement of the Research Problem 1.3 Objectives of the Research 1.4 Research Questions 1.5 Hypothesis: 1.6 Relevance and Justification 1.7 Research Methodology 1.7.1 Study Sites 1.7.2 Selection of Case Study 1.7.3 Respondents selection 1.7.4 Techniques employed to gather data 1.7.5 Secondary Data 1.7.6 Scope and Limitation 1.8 Organisation of the paper Chapter 2 Conceptual and Theoretical Framework 2.0 Introduction 2.1 Concept of Decentralization 2.2 Local Government, Local Governance and Local Democracy 2.3 Accountability 2.4 Representation 2.5 Bicameral Legislatures 2.6 Gender Quota (GQ) 2.7 Literature Review on Electoral Systems and Ghana Local Electoral System 2.7 Conceptual and Framework 2.8 Conclusion Chapter 3 Overview of Decentralisation and Local Government Trajectory in Ghana v 1 1 2 4 4 5 5 5 5 6 6 7 9 9 9 10 10 10 11 12 13 13 14 15 17 18 19 3.0 3.1 Introduction Emergence of Local Governance in Ghana 3.1.1 Indirect Rule by British Colonial Authorities (BCA) 3.2 Decentralisation and LG under PNDC and the Fourth Republic: 1982 to date. 3.2.1 Decentralization & LG under PNDC: 1981- 1992 3.2.2 Decentralisation and LG under the Fourth Republic 3.3 The Structure of Ghana’s LG System 3.3.1 The Regional Coordinating Council 3.3.2 The Metropolitan, Municipal and District Assemblies 3.3.3 The Sub-Metropolitan DAs 3.4.4 Urban Councils (UC) 3.3.5 Zonal Councils 3.3.6 Town/Area Councils 3.3.7 The Unit Committees 3.5 Profiles of AMA &KMA 3.5.0 Profile of Accra Metropolitan Assembly 3.5.1 Brief History of AMA 3.5.2 Institutional and Administrative Structure of AMA 3.5.3 The People and Population 3.6.0 Profile of Kumasi Metropolis 3.6.1 Historical Overview of KMA 3.6.2 Geography 3.6.3 Institutional and Administrative Structure of KMA 3.6.4 The people and Population 3.7 Conclusion Chapter 4 Research Findings of the Influence of Non Elected Councillors in AMA & KMA of Ghana 4.0 Introduction 4.1 Process in the Picking of Non Elected DA Councillor 4.2 Accountability in Ghana’s Local Government 4.3 Appointed Councillors and Representation in Ghana’s DAs 4.3.1 Impact of NEC on the Authority and Autonomy of DAs 4.4 What are the Relations between Appointed and Elected Councillors? 4.5 Women Empowerment and Promotion of Gender Equality in Ghana’s LG 4.8 Conclusion Chapter 5 Conclusion and Policy Considerations 5.0 Introduction 5.1 Major Findings vi 19 19 20 20 20 21 21 22 22 23 23 23 23 24 24 26 26 26 27 27 27 28 28 28 29 30 30 30 32 34 36 37 39 40 41 41 41 5.1.1 NEC Nomination Process 5.1.2 Representation 5.1.3 Accountability 5.1.4 Underrepresentation of Women 5.1.5 Result of Hypothesis 5.2 Some Policy Directions 5.2.1 Nature of Nominations 5.2.2 Institute Effective Downward Accountable System for NECs 5.2.3 Gender Quota Appendices Appendix A Interview Guide used to Collect Primary Data for this Paper 44 A1 Questionnaires for District Chief Executive A2 Questions for Appointed Assembly Councillors A3 Questions for Elected Assembly Member Appendix B General Assembly and Committees Meetings Observed References vii 41 41 41 42 42 42 42 43 43 44 44 45 45 46 46 47 List of Tables Table 1.2: Categorisation of District based on scores to determine level of development Table 1.3: Number of proposed sampled respondents to be interviewed Table 1.4: Successful number of respondents Interviewed 6 7 8 List of Figures Figure 2.1: Conceptual and Theoretical Framework Figure 3.2: Institutional and Administrative framework of AMA & KMA 17 29 List of Maps Map 3.1: Map of Ghana 25 viii List of Acronyms AFRC AMA ANC BCA CDD CG CoG CSO DCE EC GA IDEA ILGS LAA LG LGA KMA MA MC MCE MMDA MUA NA NC NDC NEC NJO NLC NPP NRC PADC PNDC RC RCC SSA SMC SMDC SMD TAC TC TLG TT UC UNDP ZC Armed Forces Revolutionary Council Accra Metropolitan Assembly African National Congress party British Colonial Authority Centre for Democratic Development Central Government Constitution of Ghana Civil Society Organisation District Chief Executive Elected Councillor Government Appointee International Institute of Democracy and Electoral Assistance Institute of Local Government Studies Local Administration Act Local Government Local Government Act Kumasi Metropolitan Assembly Metropolitan Assembly Municipal Council Metropolitan Chief Executive Metropolitan, Municipal, District Assembly Municipal Assembly Native Authority Native Court National Democratic Congress Non Elected Councillor Native Jurisdictional Ordinance National Liberation Council New Patriotic Party National Redemption Council Presidentially Appointed District Councillors Provisional National Defence Council Regional Council Regional Coordinating Council Sub-Saharan Africa Supreme Military Council Sub-Metropolitan District Council Sub-Metropolitan District Town/Area Council Town Council Traditional Local Government Think Tank Unit Committee United Nations Development Programme Zonal Council ix Abstract Ghana embarked on a robust decentralization and LG reforms aims at giving power to the people in order to evolve good democratic local governance. In this light this research sets out to find out the influence of the non elected councillors on local governance in Accra and Kumasi Metropolitan Assemblies. This study examines the participation of NECs in relation to representation, accountability, and women underrepresentation in the District Assemblies. It highlights the influence of NECs on the authority and autonomy of the DAs. And consequently test the argument that non-elected seats are reserved to nominate into the DAs persons with expertise and valuable experiences who can contribute to local development. Relevance to Development Studies Decentralization and local governance is currently popular and promoted across developing world after the gross failure of centralization and also, the realisation that development is impossible without active involvement and participation of the ordinary local people. It is therefore imperative to study the actors [who are acting on behalf of the local people] crucial in ensuring that the local people take their rightful positions in efforts to better and improve the livelihood of the ordinary local people; who unequivocally matters most in development. Keywords Decentralization, Local Government/Governance, Local Democracy, Accountability, Representation, Bicameralism and Gender Quota x Chapter 1 Introduction 1.1 Background Globally, decentralization and local governance has received a lot of attention since its re-emergence in 1980s, and the interest in it shows no sign of waning in the near future (Rees and Hossain 2010). The interest in decentralization started unfolding after the glaring failure of centralized planning which was vigorously pursued by countries in the post colonial period. Whilst there was scanty evidence that decentralization would succeed, there were large documentations sufficing that centralization had foundered (Awortwi, 2010; World Bank, 1997 & 2000, Wunch & Oluwu, 1990). Although the first wave of decentralization introduced in Asia and Africa in the 1950s and 1960s was considered to have largely failed (S. Bergh, 2004; Crook &Manor, 1998: 1), decentralization has increasingly become widespread and popular in developing countries especially Sub-Saharan Africa (SSA) since 1980s. Awortwi (2010) notes that currently over two thirds of countries in SSA have practiced one or more forms of decentralization as a reform strategy however, that the focus of which has changed over the years compared with earlier decentralization reforms. Many analysts argue that the current process is different from efforts of the 1960s and 1970s because it is taking place alongside broad economic and political reforms and with the support of donors (Awortwi, 2010; Abrahamsen, 2000; Romeo, 1996). Theoretically the rationale for countries embarking on decentralization is that transfer of some Central Government (CG) powers, resources and responsibilities to the local level would provide greater transparency, accountability, responsiveness, probity, frugality, equity, and empower local people by placing governance at their door steps and ‘bring government closer to the people’ thereby giving them the chance to participate in development (Crook & Manor, 1998: 2). However in practice many developing countries including African countries adopt decentralization for various reasons such as shedding of CG economic burden set off ethnic-based political conflicts e.g.in Nigeria and Ethiopia (Olowu & Wunsch, 2004; Awortwi, 2010) which goes contrary to the theoretical underpinnings. Like most SSA countries, Ghana embarked on decentralization in order to attain the benefits associated with decentralization reforms. This is seen explicitly in the policy guidelines of the Provisional National Defence Council (PNDC, 1988); which had come to power after the overthrow of a civilian government of Dr. Hilla Liman’s People’s National Party (PNP) in December 1981. The ‘coup makers’ claiming to have come to liberate the people from what they regarded as elite capture of the state promised to give back ‘power to the people’. It was therefore unsurprising that in the council’s first major policy document dubbed the “PNDC Policy guidelines” contained policy positions on local government and decentralization. It stated: “the urgent need for participatory democracy to ensure that the bane of remote government that had afflicted Ghanaians since independence is done away with effectively, to render governments truly responsive and accountable to the governed”. It further 1 stated that “the assumption of power by the people cannot be complete unless a truly decentralized government system is introduced, that is CG, in all its manifestations, should empower LG councils to initiate, coordinate, manage and execute policies in all matters affecting them within their localities” (PNDC ‘policy guideline’, 1982; cited in K. Ahwoi, 2010: 1). The PNDC in order to put into reality its rhetoric of giving ‘power to the people’ introduced a new decentralization policy in 1988 which was subsequently adopted and incorporated into the 1992 constitution when Ghana returned to constitutional rule in 1992. This decentralization policy recognised three types of decentralization which has long been categorized by scholars of public administration namely; Political (Devolution), Administrative (Deconcentration) and Fiscal decentralization (Rondinelli et.al, 1984). Awortwi (2010), notes that Ghana’s decentralization reform was to achieve political/democratic decentralization (Devolution). In a nutshell the robust decentralisation initiated by Ghana broadly aims to enhance local governance and local democracy. 1.2 Statement of the Research Problem Local governance and local democracy are not new in developing countries generally and Africa in particular (World Bank 1989a; (Olowu et al. 2004). Like any other developing country Ghana has made efforts to institute effective LG system at the local level through decentralization. According to Ayee (2008) this is witnessed by the number of commissions and committees of enquiry appointed to fashion out LG system. Although decentralized local governance started before independence, the current LG system has its beginnings in the PNDC law 207, 1988 which provided for the establishment of a LG structure grouped into Metropolitan, Municipal, and District Assemblies (MMDAs)1. In order to empower the local people to participate in decisions, a unique local government has been instituted which is based on non partisan electoral systems, with District Assemblies (DAs) as the highest decision making bodies at the local level with some deliberative, legislative and executive powers (CoG, 1992: 138). For the purposes of decision making the constitution of Ghana (ibid: 138) stipulates that councillors to the DAs are to be recruited either by election or appointment. Seventy per cent (70%) of the members of the DAs is elective while the remaining thirty per cent (30%) is appointment by the president of the republic of Ghana. However, in view of the fact that Ghana decentralization agenda is or (aims at) Devolution (Awortwi, 2010), the quota2 to president to nominate local councillors generates a lot of questions. Indeed the decentralization policy, if actually meant to devolve power to the people then the Herein referred to as the District Assembly The quota refers to the 30% allocation granted by the constitution to the president of Ghana to appoint local councillors. 1 2 2 questions that manifest are; why the inclusion of the nominated councillors, in whose interest are they serving and what are they bringing to the DA?. In this light the quota has been a subject of discourse and debates both by researchers and development practitioners. Some scholars and analyst justifies the nomination of one-third of the DA councillors on the grounds that it is to help balance inequalities3, get people with certain expertise or “well-respected community leaders who have valuable contributions to make ” to the development of their local communities but put off by electoral processes (Crook & Manor, 1998: 226; Ofei-Aboagye 2004). Others observes a political motive, namely to build a locally-based ‘political class’ who will later become national politicians (Crook & Manor, 1998: 226; Gyimah Boadi, 1990; and the African Confidential, 14 April, 1989). However on the critical side The World Bank (2003) in a policy document on Ghana’s decentralization queried the one-third nominated DA councillors and stated that this has the tendency of reverting power back to the centre after professing to undertake a decentralization reform (Devolution). Aside these debates, Ghana’s decentralization reform is often hailed by donors and scholars for steady progress since its creation in the late 1980s (Langseth, 1996; Ndegwa 2002; Crook and Manor, 1998). However, Awortwi (2010) argues that there is the inclination to romanticize this progress without critically assessing and evaluating the quality of progress. Similarly, since human institutions are not fixed and stable with time, there is the need for a painstaking scrutiny of the structures and institutions especially the local legislative organ of Ghana’s LG because of its importance in determining whether or not power is entrusted to the people. The last issue is the lower numbers of women in the local decision making bodies of Ghana. Women representation at the local level is still below appreciable levels even though Ghana is a signatory to international instruments4 that requires countries to make conscious efforts to see significant representation of women at both national and local level. Available statistics (see table 1.1) depicts that women numbers at the local level via the electoral system have declined within the last two elections even though there have been ardent campaigns by gender activist for the need to include and increase women in all facet of life especially in decision making. It is against this backdrop of issues that a critical study of the local decision makers and representatives of the people of Ghana LG- specifically presidentially appointed district councillors - is relevant to empirically ascertain the kind of influence it has on the local governance system of Ghana. Get women, minority/ marginalised groups into the DAs The United Nations Convention on the Elimination of Discrimination against Women (CEDAW), Millennium Declaration of 2000 and the African Women’s Protocol adopted in 2003 in Maputo 3 4 3 Table 1.1: Statistics of women representation at the Local legislatures for the last two elections in Ghana Year Total Number of seats Local Level-District Assembly 2006 5950? 478 2010 6150 418 Source: Research’s own construction (Data gathered from the Electoral Commission Ghana) 1.3 Objectives of the Research The major aim of this study is to examine the influence of the presidentially appointed district councillors (PADCs) or Non Elected Councillors (NECs) on the quality of local governance of Ghana. Specifically the study sets out to do the following; 1. To examine the processes and criteria involved in the nomination and appointment of the non elected assembly members; that is, who are the actors behind the nominations and appointments and how do they do it; 2. To find out the kind of accountability that the non elected assembly members are subjected to; 3. To find out whom the non elected assembly members represent in the legislative body since they do not have constituencies and also to underscore the independence and autonomy of the DAs; 4. To examined the kind of relationship and interactions between the non elected assembly member councillors and the elected councillors and 5. To assess the readiness of the local level to allow women/gender quota in view of the dwindling numbers of women in Ghana decision making bodies especially at the local level. 1.4 Research Questions Main question: what has been the influence of non elected councillors or presidentially appointed members’ (Government appointees as popularly called in Ghana) participation on the quality of local governance of Ghana? The study will also be guided by the following specific questions: 1. What are the processes and criteria in the nomination and appointments of the non elected assembly members? Who fills the presidential quota and how? 2. Who are non-elected assembly members accountable to and how? 3. Whom and in whose interest do the non elected councillors represent? 4. How do the Appointed District Assembly members and the elected District Assembly Members relate to each other within the DA? 5. Would local councillors support the creation and institutionalization of women or gender quota at the local level? 4 1.5 Hypothesis: The following hypothesis is being tested in this study: The quota is reserved to get technocrats and respectable persons, with rich experiences to contribute to the development and advancement of the local area. This hypothesis is informed by the arguments justifying the inclusion of appointed members in the DAs. 1.6 Relevance and Justification This study is significant to both theory and policy. Theoretically the study is intended to expand the existing decentralization literature on Ghana since the study attempts to specifically analyse a provision in the constitution on a section of councillor of the DA in Ghana. In terms of policy the study is timely because Ghana is currently in the process of reviewing the decentralization policy as well as the constitution. It would produce evidence that could aid in the review of the local government system especially as there have been calls by gender activist and CSOs to reserve the quota allocated to the president for women or should be taken out. 1.7 Research Methodology The study is focused on the decentralization and local governance specifically on the Accra and Kumasi Metropolitan Assemblies (MA) of Ghana. To gain insights into these areas, the research employed both primary and secondary data. This section covers study sites, the various methods and techniques of data collection and analysis used to carry out this research. As stated earlier, this research aims at assessing the influence of NECs on the local governance of Ghana. And as such it becomes imperative to hear the experiences and views of the councillors who are involved in the system. To this end, the study is to a large extent qualitative since it tries to understand and explore what the presidentially appointed councillors are bringing to bear on the local government of Ghana. In addition, to get relevant and insightful information, the study considered different data collection methods with the objective that the methods would complement each other. Thus, interviews, observations and documentations were employed during a fieldwork in Ghana. 1.7.1 Study Sites In this research a case study approach was adopted and two MAs were selected, Accra and Kumasi MAs. Hence, this subsection gives a brief introduction of the areas of study (where I conducted the field work) and why they were selected among the 176 DAs in Ghana. Accra Metropolitan Assembly (AMA) is one of the 10 districts located in the Greater Accra region - the National Capital- of Ghana of which AMA is at the heart of the capital city. Kumasi Metropolitan Assembly (KMA) on the other hand is also one of out of the twenty seven districts of the Ashanti region of Ghana. Both districts are amongst the oldest districts in Ghana and both serves as the central business districts of the respective regions. In terms 5 of development both assemblies fall under the most developed districts according the criteria set by the Ghana’s Ministry of Local Government and Rural Development. While AMA had a total score point of 78, that of Kumasi was 76 (see Table 1.2 below). 1.7.2 Selection of Case Study Selection of (a) case(s) depend on factors such as pragmatics, intrinsic interest, purposiveness (typical-extremely good/bad) and access (Z. O’leary, 2010:1767; R. Yin 2003). Also the selection of two or more case allows for prediction of similar result (i.e. enforcing each other) or to contradict each other (. R. Yin 2003:53). With regard to this paper the selection of the case is based firstly on the fact that it is considered as typical (extremely good case). The two metropolises are chosen because they possesses almost the same features such as level of development and with the rationale for controlling for the influence of CG since they are the most developed and advanced DAs. Secondly based on the fact that information and data could be easily accessed since they would have better information management systems and records. A detail Description and discussion of the two MAs is found in chapter three. Table 1.2: Categorisation of District based on scores to determine level of development 1 2 3 4 Total Score Less than 20 20-39 40-59 60+ Level of Development Most deprived/least developed Deprived Moderately developed Developed Source: Planning and Monitoring Division, Ministry of Local Government 1.7.3 Respondents selection All respondents who participated in the study were drawn from the two MAs – Accra and Kumasi; however, whilst the councillors were selected using simply random sampling, the two think tanks were purposively selected. In both Accra and Kumasi MAs twenty (20) out of forty two persons serving as Government Appointee (GA) were sampled in order to find out more about their backgrounds, and to also learn directly about their experiences and opinions about the GA5. I also discussed and interacted with two prominent think tanks –the Centre for Democratic Development (CDD) and the Institute Local Government Studies (ILGS [which is an institution for training local government professionals and local councillors]). Both organizations were selected because of their involvement in the local government affairs of the country and at such it was deemed that a range of diverse and heterogeneous point of views could be garnered from them in order to make triangulation of the data possible. Aside the above, I also interviewed five elected councillors 5 Presidentially Appointed District Councillors; Government Appointee (GA) and Nominated/Non Elected Councillor are used interchangeable. 6 each from the two MAs. These people were chosen because they were among the longest serving members in the assemblies. This was done with the help of the administrators of the DAs where a list of longest serving councillors was obtained and randomly sampled for interview. Below is table 1.3, showing number of sampled respondents. Table 1.3: Number of proposed sampled respondents to be interviewed Respondents Nominated/Appointed DA Members Elected DA Members Metropolitan Chief Executive (MCE) Governance Institutions: Centre for Democratic Governance (CDD) Institute of Local Government Studies (ILGS) Total Accra 10 5 1 1 1 18 Kumasi 10 5 1 16 Source: Researcher’s own construction 1.7.4 Techniques employed to gather data Three different data collection methods- interviews, observation and documentation were employed to gather Primary data from a field work in Accra and Kumasi MAs, Ghana from July 10 to August 25, 2011. In this section I will briefly discuss each technique and explain why it was chosen and how it was used to collect data. According to Laws, Harper and Marcus an interview is “a conversation that has a structure and a purpose. It is more than the spontaneous everyday exchange of opinions; it is a way for the interviewer to receive a carefully tested knowledge. The respondent do not only answer formulated questions, but express in a dialogue, an understanding of his or her world”(2003:297). In this research, the interview method was adopted firstly because I wanted to get rich, in-depth qualitative data by capturing people’s experiences or views about the issue under study, and secondly the interview method is flexible enough to allow me to probe further and explore tangents (Z. O’leary, 2010:196). One on one interviews were held with the appointed councillor, the elected members as well as the experts from the think tanks. All the interviews were conducted in an informal manner and semi-structured. This was done in order for me establish rapport, gain trust and to open up lines of communication to minimise any gulf between me (the interviewer) and the interviewee (ibid, 2010:195). In each case, interviewees were given the room to express their views and opinions on the research topic. See Appendix ‘A’ for the interview guide used for the data collection. Apart from the interviews, I also had the opportunity to sit through general assembly and some committees meetings (see appendix B) as a non participant observer in the two MAs. Throughout my being at the assemblies all my senses were put on the ground gathering pieces of information which I consider was relevant to my study, hence the use of the observation method. An observation is “a systematic method of data collection that relies on a researcher’s ability to gather data through the use of the senses” (ibid, 2003:208). This of7 fered me the chance to see, hear and feel how works of the assemblies are carried out. Lastly I was also able to gather relevant documents about the decentralization and local government system of Ghana. These included the Local Government Act (LGA) of 2003, Act 656, profiles of the case studies and other policy documents. As mentioned earlier, the primary data were collected in Ghana in Accra and Kumasi MAs within a spate of six weeks from 10th July to 25th August, 2011. The process of the fieldwork unfolded in the following; I spent the first three weeks in Accra and the last three in Kumasi. In Accra I used the first four days of my first week in negotiating access at the assembly and also making appointments with the two think tanks. On my fifth day I started holding interviews with the councillors which I continued on the second week. I used the third week alternating between the assembly, the think tanks and the Ministry of Local Government to gather documents on decentralization and local government of Ghana. Within the three week period, I had become acquainted to most of the councillors that I had the opportunity to travel with one of the GA in his private car to Kumasi, (my second destination for the data collection). On our way we discussed a lot about my research topic. He dropped me right in front of the gate of the Kumasi MA; called his friend6 and introduced me to him. I was not familiar with the terrain and was nervous initially however after my guest introduced me to the appropriate offices and protocols, I carried out my work successfully. It is worth mentioning that not all respondents who were chosen were interviewed even though I called on them several times. In Accra MA two of the GA declined and these were a male and female, whilst in Kumasi MA three of the respondents that I could not interview were all females. Find below table (1.4) of successful interviews conducted. Table 1.4: Successful number of respondents Interviewed Respondents Nominated/Appointed DA Members Elected DA Members Metropolitan Chief Executive (MCE) Governance Institutions: Centre for Democratic Governance (CDD) Institute of Local Government Studies (ILGS) Total Source: Researcher’s own construction 6 The head of the IT department of Kumasi metropolis 8 Accra 8 5 1 1 1 16 Kumasi 8 4 1 13 1.7.5 Secondary Data Apart from the primary data, I also used secondary data collected from secondary sources i.e. from published and unpublished government documents, 1992 constitution, acts and laws relating to decentralization and LG, reports, research works, journals and newspapers. Some information was also collected through internet browsing. 1.7.6 Scope and Limitation This study is an academy study and as such works within a time frame and limited resources which could not allowed the research to cover the entire country or the 176 DAs. The study therefore adopted Two DAs – the Accra and Kumasi metropolitan Assemblies as case study in order to do an in-depth studies and analysis. Thus, the findings of the research should not be generalised to the entire country, but rather should be taken as a microcosm of a bigger scenario and as something that may be useful for further research. In addition, the study is limited to the on-going session of the DAs. Apart from the above, the study encountered other constraints. Notable amongst them were the refusal of some of the councillors in the two DAs to grant the researcher interview and discussions even though a letter of introduction spelling out clearly the mission of the research was presented to them. Some of those who declined were sceptical and even thought I was using the studentship as coy to do some undercover journalistic work. Said by one councillor “He will say he is a student and the next moment you hear your voice on the airwaves”. One of my key informants expressed willingness to participate in the research however he was indisposed on health grounds. In spite of these constraints, considerable efforts were made, (firstly by changing my interview questions from structured to semi-structured to enable me to draw out more information from the interviewees and secondly, by collecting sufficient documents) not to allow these challenges to compromise the quality of the study and also to ensure that the overall objectives and intended purposes is achieved. 1.8 Organisation of the paper This paper has been organised into five chapters. The first chapter which is the introduction include the background, the statement of the research problem, objectives of the study, research questions, hypothesis, relevance of the study, methodology and scope and limitations. Chapter two presents the conceptual and theoretical framework of the research. Chapter three discusses the framework of the local government system of Ghana. Chapter four contains the presentation, analysis and interpretation of the findings and the last chapter concludes the study. The next chapter looks at the concepts and theories upon which this study is anchored. 9 Chapter 2 Framework 2.0 Conceptual and Theoretical Introduction This chapter sets to clarify the concepts and theories that have been employed in this study, such as Decentralization, Local Government, Local Governance and Local Democracy, Local Accountability and Representation. I also draw on the principle of bicameralism (two- tier system) in order to better understand issues relating to the appointed members as the study seek to analyse the contribution of the presidentially appointed councillors’ contribution to the LG of Ghana. These concepts are discussed and operationalised in the study. 2.1 Concept of Decentralization The term decentralization has acquired popularity in both scholarly and policy circles especially in relation to developing countries. But this popularity has seen the concept been given different meanings for different people by different people (Mawhood, 1983: 1; Conyers, 1985). Decentralization refers to the transfer of responsibility for planning, management and resource raising and allocation from the central government and its agencies to: (a) field units of central government ministries or agencies, (b) subordinate units or levels of government (Rondinelli 1981a), creating open, response and effective LG system for decision-making (United Nations Development Program [UNDP] 1998:4). However for this study, I adopted a definition by United Nations, (Decentralization for National and Local Development [New York, 1965: 88/9]). Decentralization is elucidated in this document as the transfer of authority on geographic basis, whether by deconcentration of authority to field units of the department or level of government, or by devolution of authority to local government units. This definition is taken here because it resonates well with the decentralization reform in Ghana. That is underscoring deconcentration and devolution. Although Ghana decentralization has the fiscal aspect as well but is it still in the formative stages; the structures are weak and most fiscal issues lies within the ambit of the CG. For instance, local authorities would have to seek approval from the CG in order to levy taxes to raise resources for development. In the literature three major types of decentralization (Deconcentration, Delegation and Devolution) have been recognised. These are succinctly explicated below. De-concentration considered to be the weakest form of decentralization (Rondinelli 1999:2, S. Bergh, 2004) is the process by which the central government offload responsibilities for certain services to its regional branch offices without involving any transfer of authority to lower levels of government (Litvack et al. 1998:4). Delegation refers to a situation in which the central government transfers responsibility for decision making and administration of 10 public functions to local governments or to semi-autonomous organisations that are not wholly controlled by the central government but are ultimately accountable to it. Devolution occurs when the central government transfers authority for decision making, financial allocations, and management to quasi-autonomous units of local government. Devolution usually transfers responsibilities for services to LGs that either elects their own mayors and councils or appointed by CG, raise their own revenues, and have independent authority to make investment decisions (Litvack et al. 1998:5-6; S. Bergh, 2004). By definitions, only devolution can bring about local governance and for that matter this paper is to a large extent leaned toward this last typology of decentralization because it is the one that allows the establishment of a democratic decision making body with local representatives being in control of the local affairs. 2.2 Local Government, Local Governance and Local Democracy Local government level is the destination of whatever that is transferred from the CG and as such is the lower tier of multi-tier government. LG has no universally accepted meaning because there are many different kinds of LG as there are countries or nations, with each evolving its own LG systems (R. Wraith, 1964: 17; K. Ahwoi, 2010: 3). Thus in this study LG is conceptualised as a body below the CG with local authorities to carry out the functions of the local government. Also, conceptually local governance has been explained by many scholars and policy analyst using different tools7. Here local governance is taken as a “rule governed process through which residents of a defined area participate in their own governance; are the key decision makers in determining their priority concerns and the responses. Representatives of these local people frequently will perform functions as agents of the people but they remain accountable (and removable by) the people” (Olowu et al. 2004). With respect to democracy, there is no generally agreed conceptualization of democracy because is a value laden concept that cannot be precisely or easily define because of variations in its interpretation and usage by different people and class (Novacx, 1970). However the popular understanding of democracy in contemporary discourses is informed by liberal democracy which states that democracy is a system of government where there is meaningful, extensive, regular and fair competition for all elected positions of government; a highly inclusive level of political participation; and civil and political liberties8 enough to guarantee the integrity of political competition and participation 7 This tools include: the UN Habitat and Transparency International Urban Governance Index (UGI) for cities (UN-Habitat 2004; CLGF 2004); the Local Governance Barometer (LGB) 8 Freedom of expression, and to form and join organisation of ones will i.e. freedom of association 11 (Kiyaga-Nsubuga and Olum 2009). Conceived differently, democracy can be defined in terms of institutions, procedures, formal rights and leadership responsiveness to the electorate. (ibid) Thus the defining features of democracy are indispensable in human relations to ensure social order and harmony. Clearly the connection between local governance and decentralization, and LD is that the later reinforces LG by creating strong, organized and representative councils to improve efficiency and local development. And hence decentralization by devolution of decision-making to the local levels is a fundamental for local democracy as it results in a more responsive organization and greater community accountability (ibid). Also in the literature, it is agreed the main attributes of good local governance consist of the following principles: rule of law, constitutionalism, electoral and participatory democracy, representation, accountability, citizens’ participation in local decision making, respect for human rights, gender equity and transparency in public affairs (Kauzya 2002). 2.3 Accountability Accountability is a broad concept which embodies many terms including oversight, monitoring, auditing, control, exposure and punishment (Schedler 1999). It denotes the obligation of public officials and agencies to provide information about their actions and decisions and to justify them to the public. Essentially accountability connotes; answerability and enforceability. Accountability has become a key principle in LG because of the view that the local people are closer to their representatives and consequently can demand answers from their torch bearers who are in charge of their localities. The concept of accountability in the literature has been distinguished into various forms such as Horizontal and vertical accountability of which the vertical is separated in to downward and upward. In this study the vertical is adopted for it is the type that allows elected/appointed representatives to be answerable to local citizens in the case of downward accountability while upward accountability is LG responding to CG. According to Olowu & Wunsch (2004: 70) all these forms depends on the availability of information- something which is in serious short supply in most developing countries, Ghana inclusive. In his study, Blair (2000:32) underscores different accountability mechanisms available to local citizens. These mechanisms include among others elections, political parties, civil society, the media, and public meetings. However he added that these mechanisms have each got its limitations. Many scholars and practitioners notes that in the most cases it is the electoral mechanism that is pronounce and widely used (Olowu & Wunsch, 2004). In the context of Ghana and especially in relation to this study, the electoral aspect is not applicable as it is limited to elected representatives however the focus of this study is on the non elected representatives. Also the political party’s method is also defeated because the LG system of Ghana prohibits partisan politics at the local level (CoG, 1992). 12 As pointed out by Olowu et al (2004) the stakeholders in the accountability equation are the citizen, the central government and the representative, however they emphasised that the effectiveness of accountability depends on the first two stakeholders in order to make the third answerable. 2.4 Representation The concept of representation has been a subject of contention and debated within and amongst political theorist. The meaning of representation is notoriously contested and beyond the notion that representation connotes acting in the interest of the represented, there seems to be little else on which theorist agree. (Pitkins, 1974; Manin et al., 1999) According to Samuel and Shugart (2003:33) representation is defined “as a relationship between citizens’ interest and political outcomes, in which rulers act in to meet the interest of the public.” When leaders take decisions that are clearly congruent with the peoples preferences, we consider them to be responsive and it is only when leaders are responsive that citizens are well represented (Powell 2004a). However I adopt a definition offered by (Ribot 2007) where representation is taken to mean a situation when leaders (in this case councillors) are both responsive and accountable to the local people, this definition is favoured in this study because it is in tandem with the theoretical rationale why powers and authority are transferred to the local units of governments. 2.5 Bicameral Legislatures This section draws from the literature of bicameralism to explain the local decision making body of Ghana – LG- as in many respect it simulates the parliamentary pattern of the bicameral legislature. Bicameral legislature is system of legislature where there are two separate houses or chambers for making decisions. The basic features of bicameral legislatures are; firstly, whilst the first chambers are popularly elected, the second chamber is appointed (e.g. the Canadian Senate) or elected indirectly (although increasingly most are been modified to be directly elective) Examples of these include; the German Bundesrat, the Irish Senate, and the French Senate. Secondly, members of the latter are often fewer in number than the lower house members (Meg Russell, 2001). With regard to Ghana’s local government, there is only one chamber however it is composed of both elected and appointed members with the appointed members fewer than the elected members. The interest of this study lies on not the second chamber per say but on the members who make up the second chambers. Turning to the reasons for the inclusion of the members of the second chambers, the reasons varies from country to country and this may include; representation of specialized interest such as minorities, the less privilege in society and territorial representation. Also in view of the reality that modern legislative is burden, the members of the second chamber are drawn in to bring different perspective, knowledge and experience to bear on decisions. (Jay M., 2007; Russell, 2001). 13 In spite of these supposed benefits, the second chamber has come under critical scrutiny and challenged. In his article ‘What are Second Chambers for?’ (Russell 2001) observes that whilst several countries such as UK, Canada, France and Spain are locked in a vigorous and sometimes protracted debate, about the reform of their second chamber with some countries considering its abolition, others such as New Zealand, Denmark and Sweden have scrapped it off already. But surprisingly, whilst some countries are taking away their second chambers, countries including; Poland, Czech Republic and South Africa have adopted bicameralism as part of their recent constitutional reforms. (Tsebelis and Money 1997) In another vein it is worth mentioning that in jurisdictions where the upper chamber is purely by appointment, political interest has infiltrated the system diluting and defeating the intended purposes for the inclusion of these crops of members. E.g. it is observed in Canada that the prime minister who has the mandate to nominate senators sometimes uses the senate appointments as a form of political patronage, selecting friends and allies of the governing political party. (Jay M., 2007) 2.6 Gender Quota (GQ) Gender quota, the latest tool crafted to ensure gender balance in decision making/political institution has been touted for aiding in increasing the number of women representatives in decision making bodies across the world (D. Dahlerup, 2006:3). The core idea for the adoption of quota systems is to recruit women into political/decision making positions and to ensure that women are not a few tokens in political life. (IDEA, quota project, 2010) Apart from addressing the under-representation of women, the quota system also aims at ensuring ‘Critical Mass’9 representation of women in decision making bodies (ibid). According to Dahlerup, the quota mechanism is very flexible and can be applied at both national and local level. Three main typologies of gender quotas have been put forth in the literature on gender quota. These include; Legal Quota (Constitutional/legislative) where the quotas are mandated either by the constitution (e.g. Uganda, Mali and Phillipines) or by electoral law (like Belgium). The second type is the political party quota (also known as voluntary party quota). This is when parties decide to adopts quota for women based on the party agreement such as the ANC party in South Africa (IDEA, quota project: 2010). The voluntary quota is not effective as it is not legally enforceable. For instance in Ghana, the NDC party stated in its manifesto that it was going to appoint 40% of women in its government, but this promise has not been fulfilled as the number of women is less than 15%. However all the two types of GQs are based on elections (because of this some basically called it electoral quota) and which sometime generates another kinds of problems. For instance 9 The theory of critical mass states that women should constitute at least a number that can make an impact such as 30% and more. 14 elite women may capture the quota limiting the impact from trickling down to the ordinary woman. Nonetheless GQ is widely trumpeted because of its far reaching impact in uplifting women numbers (Dahlerup 2003). Quotas as noted work differently under different electoral systems and most are easily introduced in proportional representation electoral systems. However, quotas have also been implemented in some majority electoral systems. However in this study the GQ is operationalised to mean a special system of appointment for women, where the 30% prerogative granted to the president to appoint councillors into the DAs of Ghana would be legislated for women. Rather than based on elections (though between women) as done in other jurisdictions, here it would be purely based on appointment. 2.7 Literature Review on Electoral Systems and Ghana Local Electoral System As mentioned in the premier chapter, the major objective of this paper is to examine the influence of presidentially appointed district councillors on the local governance of Ghana. In this light this section reviews literature on electoral systems at the local level, as it has far reaching impact on the outcomes of developments at the local level (Packel 2008). Until recently local electoral systems had received less attention as far as democratisation at the local level is concerned. More studies on electoral systems are almost entirely concerned with electoral rules at the national level with particular focus on the relationship between electoral systems and national party systems (IDEA 2002; Packel 2008). As regards meaning of electoral system IDEA posits that“...... electoral systems translate the votes cast in a general election into seats won by parties and candidates” (IDEA 2002, 7). The choice of electoral system is one of the most crucial institutional decisions for any democracy. In almost all cases the choice of a particular electoral system has a profound effect on the future political life of the country concerned, and electoral systems, once chosen, often remain fairly constant as political interests solidify around and respond to the incentives presented by them. (ibid, 2002:1) The choices that are made may have consequences that are unforeseen as well as predicted effects. However in his democracy and elections Katz is among the most cautious who argues that the best electoral system for a country depends on “who you are, where you are and you want to go (Katz, 2007:208). Electoral system choice is a fundamentally political process, rather than a question to which independent technical experts can produce a single ‘correct answer’ (IDEA, 2002) The consideration of political advantage is almost always a factor in the choice of electoral systems. Calculations of short-term political interest can often obscure the longer-term consequences of a particular electoral system. For instance Awortwi (2010, 626/627) argues that the electoral system at the local level in Ghana was put in place to strengthen the PNDC regime at the time. 15 In the literature of LGs across the third world, one key institutions differences is the issues of partisan/non partisan in local elections. Proponents of non partisanship in local elections argue that issues of LG are matters of “bread and butter” and as such should not be based on partisanship which could create divisions (Olowu 2003, Packel 2008). Consequently, inclusion of parties at the local level risks allowing policy-making to become smeared with patronage and clientelism. (Packel, 2008) Political pressures thus prevent policy-makers from retaining a focus purely on long-term benefits. LG in Ghana is purely on non partisanship (CoG, 1992). Also Uganda and India’s LG (panchayats) functions on non partisanship by legislation. On the other hand scholars advocating partisanship acknowledges the link between LG and national. Examples of systems allowing partisanship in local elections are the recently decentralizing Latin American countries, including Bolivia, and Mexico. In Africa, prominent examples of party-based systems of LG are Nigeria, Kenya, South Africa, Cote d’Ivoire, and Senegal (Agrawal and Ribot 1999; Olowu 2003; Packel 2008). In the electoral systems literature, large number of variant electoral systems is currently in use and many more permutations on each form, but scholars have broadly categorised electoral systems into “three broad families”: Proportional Representation (PR) systems, plurality/majority systems and mixed systems. (IDEA, 2002:3; (Norris 1997) PR is where voters generally vote for a party rather than a specific candidate. This system ensures that a political party’s degree of representation equally reflects the electoral support for the party. Majority or plurality system of voting within single member districts which is a major alternative to system of PR is where voters in a specific electoral district vote for a specific candidate. With only one representative per electoral district, voters have greater clarity of representation; they have no doubt who is directly charged with accounting for their interests (Packel, 2008:4). The mixed electoral system which is the third major type of electoral systems combines the majoritarian and proportional elements. Indeed in Ghana, the Constitution established a system of democratic local elections premised on non-partisan basis in which candidates stands as individuals and not permitted to receive any form of help from political parties (COG, 1992). In terms of selection of councillors, the DAs have mixed representation with 7o% elected members and 30% presidential appointees with the candidates elected on ‘first-past-the-post’ basis to represent single-member constituencies (LGA, 1993). 16 2.7 Conceptual and Framework Based on the literature, figure 2.1 below shows the graphical presentation of the concepts and theories. Figure 2.1: Conceptual and Theoretical Framework Central Government Transfer of Authority and Power from CG to LG Representation Accountability Free, Frequent and fair elections Equity- Gender Quota L evel Local Legislature-Bicameralism Local Government Level The figure above shows the transfer of authority, resources and power to LG and how the principles of democracy combine to bring out democratic local government. 17 Good Democratic Local Governance 2.8 Conclusion The chapter covered the theories and their conceptualisations in relation to this paper. The Concepts reviewed under this chapter included decentralization, (including some of its typologies), LG, local Governance and local democracy highlighting linkages among these three concepts; Accountability; Representation; Bicameralism and lastly gender quotas. The chapter also reviewed some literature on electoral system elaborating on the electoral system at the local level in Ghana. The next chapter looks at the local governance trajectory in Ghana from antiquity to the present. 18 Chapter 3 Overview of Decentralisation and Local Government Trajectory in Ghana 3.0 Introduction The preceding chapter discussed the concepts and theories; the lenses through which this study is analysed. In this chapter I would explore and discuss the decentralization and LG trajectories of Ghana giving a historical overview from the pre-independent/colonial era, leading to the present framework and structure. Also this section describes in details the current LG structure of Ghana. Aside the above, the chapter also chronicle the profiles of the case study- AMA and KMA- which has been slightly described in chapter one. 3.1 Emergence of Local Governance in Ghana Local governance is not a new invention in developing countries and to a significant extent Africa in particular (World Bank 1989; Olowu & Wunsch, 2004: 2). The history of local governance in Africa and in particular Ghana date as far back to the pre-independence era and even before the country Ghana was discovered. Ghanaians governed and ruled themselves via chiefs and traditional rulers since society was chiefly based on kingdoms and chiefdoms. The chiefs together with their council of elders represented the people and communities in various spheres such as militarily, social and economic. These chiefs or traditional leaders wielded Power and authority which could only be exercised by them or persons to whom it was delegated. In fact this empowered the rulers to undertake military, political, economic and social functions within their jurisdictional areas (K. Ahwoi, 2010:5). For instance, it was incumbent on the chief and the elders to protect and defend its subjects and territories against foreign invasion, ensure the survival of its people and modelling of the social life of its communities. This system was part of the way of life; culture and heritage of the people and remnants of this hitherto exist to date though without any significant powers since all powers and authority is now wielded by the central state. As mentioned earlier, the chiefs and their council of elders although were not elected by the people, they was a mutual understanding and acceptance of them as legitimate representatives of the people. The mode of leadership succession was by heir which is incongruent with modern democracy. Like modern local government, the chiefs and their councils constituted and provided legislative, executive and judicial responsibilities for their community. They (chiefs and his council) enacted laws and regulations for the community. Whilst it was also the duty of the council to implement these laws, it was in addition responsible for the adjudication and dispensing of justice. Needless to say, this traditional system of governance was local in a sense that the people and the rulers were closer to the people and this provide avenue for the effective application of the ‘subsidiarity’ principle even though the people could not hold them accountable. It is also to be noted that so important was this traditional local governance system that the British coloniser upon their arrival recognised 19 and adopted the system to rule the people. The coming of the British lead to the modification of the existing traditional local governance system into what later came to be known as the indirect rule which culminated in the establishment of the native authority. 3.1.1 Indirect Rule by British Colonial Authorities (BCA) The native authority marks the premier form of organised and official institution of local government in Africa, which was a crucial feature of the indirect rule, a system through which the British imperial powers exercised their authority (Ayee, 2008). This native authority just like its predecessor shared the same features such as power being centred on chiefs and some units of local royalty, and the fact that it was undemocratic. The point of departure of the earlier (the traditional LG) and the Native authority was firstly, that while the TLG was purported to be representing the local people, the NAs were representatives of the British colonial authorities. Secondly, in the TLG chiefs or rulers were the ‘Alfa & Omega’ in their area of jurisdiction with absolute powers, however under NAs, the rulers were controlled and accountable to BCA rather than the local people. The major task of the chiefs under the NA was to help the British colonial government to administer law and order with limited involvement in local administration. (K. Ahwoi, 2010:9). The BCAs after taken control of the country developed a LG system along two parallel lines (ibid). A series of Municipal Council Ordinances (MCO) regulated local government in the major municipalities including; Cape Coast, Accra, Secondi-Takoradi and Kumasi. Equally a series of Native Jurisdiction Ordinances (NJO) were enacted to control the remaining LGs throughout the country. The state of LG though went through some reforms (during first, second and third republics), never received much attention until the PNDC introduced and prioritised decentralization & LG bringing significant changes. 3.2 Decentralisation and LG under PNDC and the Fourth Republic: 1982 to date. This subsection discusses the state and framework of LG in Ghana beginning from 1982 to present. I lump the PNDC and the FR together because the former served as the foundation and preparation phase upon which the latter was built. Also, I added decentralization to the heading because it was during this period that the concept decentralisation was widely articulated and popularised in Ghana. 3.2.1 Decentralization & LG under PNDC: 1981- 1992 The PNDC came to power with a political slogan of giving ‘Power to the People’. This marked the transformation of the slogan into the administrative concept of Decentralization. Indeed in March 1982, the DCs which exited in the third republic were dissolved “on the basis of their inability to deliver on the revolutionary aspirations of the time” (K. Awhoi, 2010:35). Instead an Interim 20 Management Committees were set up to replace the DCs. This was carried out through the LG (Interim Administration) Law 1982. In 1983, the PNDC government formally embarked on the translation of its rhetoric of giving back ‘Power to the People’ into a concrete policy through its first ‘Policy Guidelines’. Contained in this document was the policy of decentralisation with a well elaborated system of LG. On the structure, a four-tier system of LG was favoured made up of Regional, District, Area and Town/village Councils. The DC was to be the basic unit of LG with the powers to make byelaws, levy taxes and rates and be responsible for development policy planning and implementation. The DCs were to be an all elected bodies premised on universal adult suffrage with staff of the Councils serving as exofficio members on the Councils. This operated until 1988 when the regime enacted the Local Government Law, 207, 1988, setting the legal framework for decentralisation under the PNDC, where a three-tier LG system was created with DA as the nerve centre of the system. This anchored the LG until the Fourth Republic came to force in 1992. 3.2.2 Decentralisation and LG under the Fourth Republic The FR began in 1992 when the country in a referendum voted to return the nation onto a Constitutional path after 11 years of military rule. Like the other republics before, this also came with a Constitution. The decentralization and LG, started under the PNDC regime was adopted into the Constitution. The legal framework for decentralisation and LG is set out in chapter 20 of the 1992 Constitution; specifically from Article 240-256. The Constitution prescribes that “Ghana shall have a system of local government and administration which, shall as far as practicable, be decentralised” (Article 204). The composition, power and duties of the MMDAs are enshrined in the LGA of 1993. The major aim of Ghana’s decentralisation policy is to devolve power to the governance structures closer to the people (CoG 1992). The coming section discussed the structure of the LG system. 3.3 The Structure of Ghana’s LG System Ghana is a unitary state headed by a president with a cabinet and an executive. (CoG, 1992) It is divided into 10 administrative regions.10 The structure of the LG system under ACT 462 is made up of a Regional Coordinating Council (RCC) and a Four-tier Metropolitan and three-tier Municipal/District Assembly. (LGA, ACT 462) For a detailed Administrative structure see table 3.1 below. Ashanti, Brong Ahafo, Central, Eastern, Greater Accra, Northern, Upper East, Upper West, Volta and Western 10 21 Table 3.1: Administrative Structure of Local Government in Ghana Level of Government National Political Authority Role and Linkages Presidency, Cabinet, Ministerial institutions and National Development Planning Commission (NDPC) Regional Regional Coordinating Council District Metropolitan, Municipal and District Assembly National sector policy formulation, programming and budgeting, setting standards and monitoring ; sectoral evaluation of national projects Harmonization and coordination and monitoring of national level policies and local level policies. Local level policy formulation Town Unit Management Institution Civil Service Operations including the Ministry of Local Government and Rural Development (MLRD) Local Government Service operating in Departments of the RCCs Local Government Service operating in Departments of the Urban, Zon- Day to day admin- Local Governal,Town/Area istrative and man- ment Service Council agement services Unit Committee Mobilisation for Secretary (LI participation in im- 1589.29i) plementation and enforcement Source: Ministry of Local Government and Rural Development. Decentralization in Ghana Implementation Status and Proposed Future Directions, Accra: 2002.(OffeiAboagye) 3.3.1 The Regional Coordinating Council The RCC is the at the apex of the LG structure of Ghana and composed of the Regional Minister (as chairperson) and his/her Deputy, the Presiding member and the DCE of each DA in a region, two Chiefs from the Regional House of Chiefs and the regional heads of departments of the RCC with voting rights. In sum there are 10 RCCs, i.e. one for each region (LGA, ACT 462) 3.3.2 The Metropolitan, Municipal and District Assemblies The Districts are the pivot and kingpin of the LG system in Ghana, which are located below the RCC and variously called MMDAs. It is designated as the highest political authority at the local level, with deliberative, legislative and executive powers (Article 214 (3) of the 1992 Constitution). For purposes of decision making the MMDAs composed of 70% elective councillors drawn from each electoral area within the district, the members of parliament for constituencies that fall within the district, the DCE appointment by the President and 30% nominated persons with in the district. In fact currently Ghana 22 has 202 MMDAs made up of 6 MAs, 48 MUAs and 148 DAs. (ILGS) The categorisations into Metropolitan, Municipal and District depends on the population size of an area. See table 3.2 below for the categorisation and list of MAs MUAs and DAs in Ghana (LGA [ACT 462]) Table 3.2: Categorization of Assemblies of Ghana Type Population Size Metropolitan Assembly, the highest unit 250,000 and above Municipal Assembly, Next lower unit 95,000 and above District Assembly, Local Council, lower 75,000 and above units Source: Researcher’s own construction 3.3.3 The Sub-Metropolitan DAs The Sub-Metropolitan District Council (SMDC) is directly under the MA. The SMDC is created for settlement above 100,000 people. Membership comprised of not less than twenty-five and not more than thirty members. This is made up of all elected AMs of the Assembly in the SMD and as well as persons resident in the sub-metro. This emanated as a result of complex and peculiar socio-economic, urbanisation and management problems that confronts the Metropolises. The total number of SDMCs are over 30 but started with only 13 (LGA [ACT 462]). 3.4.4 Urban Councils (UC) Like the SMDC, the UC is created for settlement with population over 15000, and consists of not less than twenty-five and not more than thirty members. The membership of UC is composed of not more than 8 persons elected from among members of the relevant district assemblies, not more than 12 representatives from the unit committees in the area of authority of the UC and not more than 10 persons ordinarily resident in the urban area. 3.3.5 Zonal Councils The ZC is below the MUAs and consist of not less than fifteen persons and not more than twenty members made up of not more than 5 persons elected from among the members of the relevant MUA, not more than 10 representatives from the unit committee and not more than 5 persons ordinarily resident in the zone. (LGA [ACT 462], section 10[1]) 3.3.6 Town/Area Councils The TACs are rightly below MAs or DAs only and the composition is, not less than fifteen persons and not more than twenty members made up of not more than 5 persons elected from among the members of the relevant MUA, not more than 10 representatives from the unit committee and not more than 5 persons ordinarily resident in the zone. (ibid, section 17[1]) 23 3.3.7 The Unit Committees The UCOs are at the bottom of the system and are found under the various MMDAs. It consist of not more than fifteen members made up of ten elected members ordinarily resident in the unit and not more than 5 other persons resident in the unit and nominated by the DCE acting on behalf of the president (ibid, section 24[1]). Figure 3.1: Local Government Structure of Ghana Regional Coordinating Council (10) Metropolitan Assembly (6) Municipal Assembly (48) District Assembly (148) Sub-Metropolitan District Assembly (Over 30) Town/Area Councils (58) Zonal Councils (108) Urban/Town/Area Councils (34/250/826) Unit Committees (16000) Source: Adopted from Training Manuel prepared by the Institute of Local Government Studies. 3.5 Profiles of AMA &KMA In an attempt to understand the local governance pretty well using this study, I present the profiles of the two metropolises which this paper uses as case study. This section discusses the following; historical background of the two metros, demographic features, and other salient characteristics of the two MAs. Also to be highlighted is the level of development in the metros. See below a map of Ghana showing the case study. 24 Map 3.1: Map of Ghana A map of Ghana depicting Accra and Kumasi Metropolitan Assemblies 25 3.5.0 Profile of Accra Metropolitan Assembly 3.5.1 Brief History of AMA The Accra Metropolitan is located at the heart of Ghana’s national capital where the seat of government is located As a coastal town, its outlets and inlets cover sea, air and land and hence links to the outside world and the other parts of the country are been created. AMA has a total land side of 200 square kilometres. (A.M.A. Medium Term Development Plan, 2006-2009) Historically, the first attempt to set up a town council dates back to 1859 under an Ordinance, which was repealed in January 1861. In 1898, however, the Accra Town Council was formally established under the Town Council Ordinance of 1894. The first meeting of the Council was held on 14th February of the same year. In 1943, the Accra Council was established under the Accra Town Council Ordinance of the same year. In 1944, a new Constitution came into being after the Accra Town Council had existed for 46 years with an elected membership of seven – five appointed by the Government and two by the Ga Native Authority. The Constitution was again revised in September, 1953, thus increasing the membership from 14 – 31, and establishing the Accra Municipal Council; 27 representatives for the Wards and four representing the Traditional Authority. After Ghana had attained Independence, an amendment to the 1953 constitution removed traditional representation completely. The Council thus became a wholly representative institution based on free and free election (ibid). The Accra City Council was the first of the 58 District Councils to be integrated under the New Local Government System to promote efficiency in the administrative machinery of the Council and to meet the ever-pressing demand for amenities and essential services by the rate payers. On 29th June 1961, Accra was declared a City and the Council thus became the Accra City Council. The Accra City Council was dissolved in August 1964 and the Greater Accra Assembly was created. It is the first to be integrated into the new local government system. (http://www.ghanadistricts.com/districts/?r=1&_=3&sa=2995. Viewed on 10/10/2010) 3.5.2 Institutional and Administrative Structure of AMA The AMA constitutes a body corporate and the highest political authority in the metropolis. It guides, directs and oversees all other administrative authority in the city. It is divided into 11 administrative Sub-Metro Council Areas11. The Assembly itself is made up of 129 members with 87 of them elected and 42 appointed by the president. A Metro Chief Executive who is the Mayor of Accra heads AMA. The functions of the Accra Metropolitan Assembly are out11 11 sub-metros were created but 6 Six are operational. They are Ablekuma, Ashiedu Keteke, Kpeshie, Okaikwei, Osu-Klottey 26 lined in the Legislative Instrument (L.I. 1500) which established the AMA. These functions are summarized as follows: Provision of a sound sanitary and healthy environment; Provision of educational infrastructure for first and second cycle schools; Provision of markets and lorry parks within the Metropolis; The planning and development control of all infrastructure within Accra; Activities bordering on the maintenance of peace and security within the Metropolis and provision of public safety and comfort.(website, AMA) It also composed of the Executive Committee and fourteen SubCommittees through which the councillors function. In terms of administrative work, the assembly has a Metropolitan Coordinating Director who heads the administrative unit in the metropolis. The secretariat’s function is to implement the resolutions and policies of the Assembly, coordinating sector development programmes and management of assembly resource. The institutional structure of AMA secretariat is depicted in the figure 3 below. 3.5.3 The People and Population The indigenous people of Accra are the Ga people, however because Accra is the capital it has received all sorts people that the Natives are confined to few areas with the rest been occupied by migrants. In terms of population trends, Accra which is Ghana’s capital since 1877 is today one of the most populated with a population of about 1,695,136 million people (2000 National Population Census) and fast growing Metropolis in Africa with an annual growth rate of 3.36%. The rapid industrialisation and expansion in the manufacturing and commercial sectors in some major areas within the metropolis has contributed to high immigration to Accra. Also the infrastructure already built in AMA will for a long time make it a more attractive place for unemployed rural people as well as public servants, national and international investors (website, AMA). As regards political leanings, the AMA favours the current government party (NDC). 3.6.0 Profile of Kumasi Metropolis 3.6.1 Historical Overview of KMA The city of Kumasi was founded in the 1680’s by King Osei Tutu I to serve as the capital of the Asante State (Fynn, 1971). Given its strategic location and political dominance, Kumasi as a matter of course, developed into a major commercial centre with all major trade routes converging on it (Dickson 1969). However, it came under the influence of the British rule in 1890 (Boahen 1965). With time the city began to expand and grow thereby making it second only to Accra in terms of land area, population size, social life and economic activity. Its strategic location has also endowed it with the status of the principal transport terminal and has assured its pivotal role in the vast and profitable distribution of goods in the country and beyond (ghanadistricts.com). 27 3.6.2 Geography Kumasi is located in the transitional forest zone and is about 270km north of the national capital, Accra. It has a land size of about 254 square kilometres. The unique centrality of the city as a traversing point from all parts of the country makes it a special place for many to migrate to. The metropolitan area shares boundaries with Kwabre East District to the north, Atwima District to the west, Ejisu-Juaben Municipal to the east and Bosomtwe to the south. It’s beautiful layout and greenery has accorded it the accolade of being the “Garden City of West Africa” (website KMA). 3.6.3 Institutional and Administrative Structure of KMA Like AMA, the KMA constitutes the highest political authority in the metropolis. It plans, directs and supervises all other administrative authority in the city. It is made up of ten administrative Sub-Metro Council Areas12. The Assembly itself is made up of 144 members with 102 of them elected and 42 appointed by the president. A Metro Chief Executive who is the Mayor of Kumasi heads KMA. See figure 3 below for the administrative structure (ibid). 3.6.4 The people and Population KMA is at the hub of the Ashanti kingdom with the seat of their paramount chief located in the metropolis. The Native language is Twi, which is widely spoken in the metropolis. The Kumasi metropolis is the most populous district in the Ashanti Region next only to Accra. During the 2000 Population Census it recorded a figure of 1,170,270. Kumasi has attracted such a large population partly because it is the regional capital, and also the most commercialised centre in the region. Ashanti Region is currently the second most urbanised in the country, after Greater Accra (87.7%). In terms of political leanings, the KMA is the stronghold of the current leading opposition party (NPP) in the country. 12 10 sub-metros were created but 4 are operational, namely: Subin, Manhyia, Bantama and Asokwa. 28 Figure 3.2: Institutional and Administrative framework of AMA & KMA General Assembly (Councillors) Metro Chief Executive Executive Committee Sub-Committees (14) Metro Co-ordinating Director Internal Audit Central Administration Sub Metros Finance Waste Management Health Food & Agric Town & Country Planning Source: adopted from AMA documents. The institutional structure is a generic structure in all the District Assemblies in Ghana that is, they are similar in all, but numbers of dept varies and. this depends on the size of the district). 3.7 Conclusion The chapter discussed the beginnings local governance in Ghana from the precolonial, through colonial/post colonial to its present stage. Also it presented the framework and structures of the Ghana’s LG system from the 1992 to date. The profiles of the AMA and KMA have been discussed. The next chapter presents the empirical findings and addresses the research questions of this paper. 29 Education Youth & Sport Chapter 4 Research Findings of the Influence of Non Elected Councillors in AMA & KMA of Ghana 4.0 Introduction Using empirical findings from the field this chapter analyse examine and interpret the findings in the light of the research questions this study aims to address. The chapter begins by analysing the processes and procedures involved in the filling of the presidential quota bringing out the actors who recommend and those recommended for the appointments. Secondly the issue of representation- who and in whose interest- are the NECs serving, is explored taking into consideration their impact on the autonomy and independence of the LG. Furthermore the issue of politics and LG of Ghana is examined. Included also in this section is laying out the kind of relationship and interactions between the appointed and elected councillors within the LG of Ghana and revealing whether the GAs are accountable. Lastly, the chapter slates the views of councillors about the possible introduction of genders quotas in Ghana in view of the reality that elections do not favour women and hence the decline in the number of women at the local level. 4.1 Process in the Picking of Non Elected DA Councillor This section answers the research question one of the study which is what are the processes in the nomination of the non elected assembly members and who fills the presidential quota and how?. It attempts to ascertain empirically whether or not the processes as laid down in the constitution is put into practice or that a convention has been evolved in the nomination and picking of the NECs to the DAs of Ghana. It is also to find out the actors behind these appointments and the process involved in the nomination process. According to article 242, paragraph (d) of the 1992 Constitution thirty percent (30%) of the member of the DAs shall be appointed by the president in consultation with the traditional authorities and other interest groups in the district. Evidence gathered from the field (i.e. 25/29 interviewees including the one staff each of two think tanks [CDD & ILGS]) indicates that the laid down procedure is not adhered to in the process of appointing NECs. The process has been circumvented. It is argued that the appointed system was meant to get persons with expertise and useful experience to contribute to the development of the localities. This is not the case as far as the current system is concerned. The quota is used by the government to appoint sympathiser and people associated with or share the ideology of their political party. “The quota to the president is a preserve for party members and ‘foot soldiers’ majority of whom cannot make any meaningful contribution as far as the development of the locality is concern. They don’t even know the system let alone to understand it. In our monitoring of the approval process of the MMDCs we were shocked to see that majority of the government ap30 pointee could not write their names and others had to do it for them” (Interview with a staff of TT ‘A’ July 15, 2011). The question that is not farfetched is whether or not there are no competent people (i.e. people with know-how) in the localities? Or is it a purposive act by the government to put party people who can easily be manipulated. Also as regards the forces behind the appointments, this research found that the president has delegated the task of appointing NECs to the Regional ministers who also passed it on to their party structures. The consultation as espoused by the constitution is not adhered to in the nomination process. No interest groups are consulted. Tellingly, a (NEC 001, AMA) who was asked to give an account of the procedures involved in the nomination process had this to say: “In fact my brother let me tell you the constitutional arrangement is in theory; in reality what happen is that the GA traditional authority is requested to submit five people. Apart from that the rest are nominated by ward/branch party executives”. This was concurred by an elected AM at the KMA (006) “to the best of my knowledge, normally in the nomination of the NECs, Otumfour (paramount chief of Ashantes) is give a number of people to submit, the DCE also bring some people, and the rest are handpicked by constituency party people”. Following from the above, the actors in the nomination process includes; Chiefs, MMDCEs and political party executives and stalwarts. On the process of nomination, no standardised laid down procedure is adopted as evident from the two MAs. “ I was there and I received a call from my party chairman asking me whether I can fit do that assembly work and I say yes, and that was how I got my appointment ”13 recounted by an NEC (002, KMA). Following the above it shows that NECs are not subjected to any rigorous scrutiny, and this could explain to a large extent why the purpose for which the quota was instituted is defeated. Although majority of NECs are just people to add up to the numbers, it is worth mentioning that some of them are people of high repute with expertise and valuable experience that when brought to bear on the work of the DAs would yield significant impacts. Virtually the process of nominating appointees was the same in both AMA and KMA. Interestingly, it came out that amongst the crop of appointees at the AMA are lots of technocrats and experienced persons than the KMA. Apparently this is not something to wander about because AMA is at the hub of the National capitalAccra- and could probably be the reason why it had more experienced people. In addition my own document review showed that majority (29/42) of the appointees at the AMA are persons who had been at the DAs before either as elected councillors or NECs. This was sharply the antithetic of KMA where 15/42 had been district AMs before their current appointment. What also manifested strongly through my observation at the two assemblies which is worth highlighting is that, whilst majority of the GAs at AMA This person had low educational background so he was speaking ‘pidgin English’. 13 31 are indigenes of the place, the situation was different at the KMA. Large chunk of the NECs at KMA are not natives. They are settler people. A basic exposition to this could be that it is so because it is the world bank14 of NPP, currently the lead opposition party in Ghana. Ghana’s LG government is premised on non partisan system (CoG, 1992) where individuals has to seek membership to the DAs on individual basis, however the process adopted by the government to nominate the NECs as shown by this research (where the political party nominates the NECs) to a large extent brings in partisanship which defeats the non partisanship logic. Advocates of non-partisanship in local elections posit that LG pertains to ‘bread and butter’ issues, on which there should be no division along party lines (Olowu, 2003). The inclusion of parties at the local level risks allowing policy-making to become contaminated by patronage and clientelism instead of focusing on long term benefits (Packel, 2008). The evidence of the nomination process reveal here fits well with Heller (2001) findings in South Africa where he cites the ANC party control over local nomination as a cause and a symptom of a weak LG. Also Packel (2008) noted that both de jure and de facto national party control over nominations for local councils appear to have negative impacts for local democracy. In sum the nomination process has been relegated to the political party and this skews the nominations in favour of loyal political party members within the metropolis. 4.2 Accountability in Ghana’s Local Government This part addresses the second research question; who are nominated or appointed members accountable to? It is noted that, amongst the cardinal pillars of democratic decentralization is accountability (Ribot 2007). Theoretically, accountability is underscored in LG because proponents believed that the ordinary people would be able to demand feedback and explanations from decision makers who are in charge of their localities in view of the proximity of local councillors instead of the CG which is sitting miles away from the local people and more so occupied with national issues at the expense of local matters (ibid). Olowu & Wunsch (2004:) discerned that though African governments have made frantic efforts to put in place accountability mechanisms, the arrangements have not always work because the supporting tools (such as information) that would aid in strengthening accountability are lacking. In Ghana accountability (be it downward or upward) is weak. At the local level only elected councillors are subjected to some sort of accountability via elections. The NECs who are nominated by the CG to participate in the policy formulation and decision making at the local level are not accountable to the local people. Empirical evidence garnered by the research reveals that NECs do not account even though mechanisms to promote accountability is laid 14 A party strong hold in Ghana is called the World Bank of a political party 32 down in the constitution of Ghana. This is the potential to revoke the mandate or appointment of a DA member/councillor. To remove an appointed or nominated councillor section 9 (6) of Act 462 stipulates that the president may revoke the appointment of NEC either in the exercise of his discretion, or upon the recommendations of third-fourths of the members of the DA, or upon a complaint made by a registered voter in the district on stated and proven grounds. But in reality, no local citizen has been able to initiate any action to remove an erring councillor (Ayee cited in Olowu & Wunsch, 2004:145) due to the cumbersome procedure involve, even though there were substantial evidence that some nominated DA members were not living up to expectation (ibid). This was ascertained when a question of accountability was asked by researcher to the NECs, appointing authorities as well as some governance institutions. “What do we have to account for and to whom, we all fought for the party to come to power. We behave according to the dictates of our government, they tell us what do”. (NEC 007, AMA) Reiterating this, a TT ‘B’ alluded that “the NECs do not account because the appointments are use to reward party people i.e. ‘Jobs for the Boys”. He added that accountability measures are not instituted for the NECs and that even if they are, they do not function. The issue of accountability has been widely acknowledged as crucial to successful democratic local Governance (Crawford 2009). Agrawal and Ribot (1999, 478) clearly state that ‘if powers are decentralized to actors who are not accountable to their constituents, or who are accountable only to themselves or to superior authorities within the structure of government, then decentralization is not likely to accomplish its stated aims. This means Ghana’s decentralization and LG is failing to achieve its objectives (of making democracy a reality [COG 19992]) in view of the fact that some power and authority has been devolved to actors (NECs) who are not downwardly accountable to the local people. This also confirms Olowu et al. (2004, 71) observation that African countries have not made much progress in terms of accountability. Accountability most of the time is limited to the voice mechanism (elections) and this is in the case of elected representatives. They added that in spite of the fact that the voice mechanism (election) is at its infancy, it is fraught with elite capture and electoral patronage weakening its potential as a mechanism of Accountability. In addition scholars have noted that local accountability systems are build around three actors-citizens, political leaders and councillors- of which the effectiveness of this mechanism depends on the influence exerted by first two actors. (Yilmaz et al. 2008). Thus in relation to Ghana, accountability in the case of non-elected councillors would succeed on the assertiveness of both citizens and political leaders. However citizens are ruled out in terms of demanding accountability from NECs for the reason that they lack the necessary information that would empower them to hold the appointed councillors to task. This means that the onus lies on the CG who appointed these people to hold them to account, however they do not because they use the nominations for political patronage (Packel, 2008). 33 Accountability which is answerability and enforceability is at the core of the relationship between councillors and the local people.(Schedler, 1999) While Answerability is the obligation of a councillor to inform the people about his/her conduct, enforceability is where the people have the power to interrogate, reward or punish the councillor (ibid). These principles (answerability and enforceability) do not apply in the case of NECs and local people because there is no system of accountability to connect the two actors. 4.3 Appointed Councillors and Representation in Ghana’s DAs Local councillors are persons who are responsible for taking decisions and policy planning at the local level. In Ghana these people are either elected directly by the local people or appointed by the president (CoG, 1992). For the elected councillors it is palpable that they are representing the interest and views of their constituencies at the assembly. But in the case of the non elected councillors, it is a puzzle as to whom and in whose interest they are participating in the DAs even though some scholars have advanced some reasons; Firstly that although the appointed persons are supposed to bring expertise, (professional and technical), to bear on the DAs, they are predictably loyal to the CG and to ensure the presence of the central government is felt in the DA forum and secondly that they are representing minority groups in the DAs (Ofei-Aboagye, 2000; Awortwi, 2010). This research found out that the NCEs to a large extent are representing the CG. In all their workings they pulled in favour of the CG. Most of the GAs I interviewed admitted that they were there to pursue the interest of the government to ensure that the policies of the government are push through. A nominated councillor (010, AMA) told the researcher that “the purpose for which I am at the DA is to help the government get its policies through at the local level, in other words to protect my government because many a time people we believe to be our people (some elected DA) get to the assembly and fail to fight for the government policies. So I as a government appointee, my sole aim is to protect the government and ensure the agenda of the government is achieved”. “I am here to protect the government interest; any policy, project or programme brought by the MCE to be implemented at the assembly whether due diligence has been done on it or not I will support it.” (NEC 010, AMA). These evidence defeats the views that the appointments are to get minorities or representation of special interest (Mawhood, 1983:12) or as it were introduce some balancing mechanism into the operations of the DAs (OfeiAboagye, 2000). Also clearly the nominated DA members are not acting in the best interest of the local people as scholars of democratic decentralization postulates (Olowu et al, 2004). Ayee (2004) noted that although some NECs have lived up to their stature as providing expertise and technical knowledge to the DAs, some also “have successfully confounded the public’s views of them as government stooges”.(Ayee in Olowu et al, 2004:143). In addition using the definition of representation adopted in this research i.e. where leaders (in this case councillors) are both responsive and accountable to the local people (Ribot, 2007), the non elected councillors do not leave up to 34 expectation. The findings revealed that the NECs are not responsive to the needs of the local people who it is presume would be made better off by the devolution of power and authority from the CG to the local level (ibid) Also in the literature of local electoral systems non partisan posture of LG is defended by the argument that LG matters are issues of “bread-and-butter” on which partisan lines (which can entrench divisions) should be avoided. Moreover, it is thought that having a partisan LG could lead to situations where central governments could use its wide powers to settle political scores or victimise councils controlled by opposing parties (Olowu & Wunsch 2004, 68-70). In Ghana two reasons for has been advanced by the PNDC government and the Committee of Experts that drafted the 1992 constitution for excluding partisan politics at the local level. First it argued that in the past, elected governments in Ghana cynically exerted influence on LG bodies to win political advantage and secondly that non partisanship at the local level would facilitates the mobilization of the people which is more conducive to consensus formation, which is for development at the grassroots (Republic of Ghana, 1991; also see Ayee in Olowu et al, 2004). However the inclusion of NECs in the DAs has crept in partisan politics into Ghana’s DAs unofficially. Not unsurprisingly I found that serious partisanship is going on in the two MAs. Almost all I interacted with alluded to partisanship being played at the DAs. As mentioned by a (NEC 008, AMA): “We can’t separate politics from our work here, in any development project decision, we could have a non partisan discussion but the initiation and outcome of the decision is partisan because governments bring and site projects that would boost its ‘political capital’ to better its chances of retaining power. “They say its non partisan, but my brother I will tell you that is a lie; it is just on paper, it is purely partisan. If you are right, you know your people and if you are left too, you also know your members”. Opined by NEC (001, KMA) Added by another elected councillor (EC 009, KMA); “secret party meetings are going on in this assembly. What even annoys me is that most of the appointees who are chairpersons of committees intentionally do not calls for meetings because they do not want to put financial burden on their government for the reason that the less meetings we have the less money they would expensed on sitting allowances but this allowance cannot fuel my car to run for two days. Moreover we are not paid salaries. When the assembly system began it was not like this, I wish the DA should be declared partisan because people are concern with their parties instead of us trying to better the lives of the local people on whose mandate we are here”. Partisanship pervades Ghana’s DAs to the extent that elected councillors align and identify themselves to the two leading political parties15 in Ghana in order to win favours from the government. For instance, a councillor told me that she together with some councillors, are minority in the assembly because their party is not in power. Another elected councillor (007, AMA) affirmed the earlier councillor assertion saying: 15 The National Democratic party (NDC) and the New Patriotic Party (NPP) 35 “We are always sidelined and excluded from getting vital information and issues because we are seen as belonging to an opposition party even though we are elected by the people on non partisan basis”. In the words of Ayee (Olowu & Wunsch, 2004:143) the inclusion of the nominated councillors in the DAs is Political: “it is meant to give the DAs some ‘political direction’ which serves as central government watchdogs”. This resonates with an exposition give by a nominated DA member who claimed that they are in the assembly to be ‘watchdogs’ for the government. The appointee says: “We appointees, our duty is to ensure that government projects and policies in our constituencies are implemented smoothly. When a project is coming to the area where I reside, my task would be to monitor the project and the elected member to ensure the project is executed in order to boost the chances of my government.” This lent credence to the politics of decentralization (Conyers 1983; Ayee, 2004: 143) which sees decentralization policies being use to further the broader political interest and or strategies of those in power. Conyers discerns that politics of decentralisation until recently was seldom discussed in the decentralisation literature. In another stretch, in pointing out the dangers of decentralization Bergh (2004:780) notes that even though devolution of power, authority and responsibility to LGs are often framed as purely technical issues, that democratic decentralization is “inherently a political process.” This manifest strongly in the decentralization reform of Ghana as CGs often used the LG to their advantage (Ayee 2008, Awortwi, 2010). For instance in a recent NDC party delegates congress to elect their presidential candidate for the 2012 general elections, the general secretary of the party categorically mentioned that 70% of the DA councillors across the nation are their members and for that matter they have a strong grounding at the local level (Daily Guide, 13 July, 2011). 4.3.1 Impact of NEC on the Authority and Autonomy of DAs Aside the above, the transfer of powers, responsibilities and resources from the CG to the LG is meant to make local government independent in the tasks and responsibilities shifted to it by the CG. In this direction Ghana the DAs have been designated as the highest decision making bodies at the local level responsible for the planning, and development of the district. As a result of this the DAs have been given eighty –six functions that empower them to provide deconcentrated, delegated and devolved local public services (Olowu & wunsch, 2004:129) Ayee cited in Olowu et al (2004) underscores that some progress has been made towards devolution of authority to the DAs in Ghana nonetheless, he added that the DAs are constraint in exercising this authority. One key factor hampering this autonomy is the presence of the NECs in the DAs. These crops of DA members advocate and push issues in favour of the central government. When it comes to making decisions almost all nominated members submissions and choices are leaned towards the government’s option. “None of the nominated DA members have voted against an issue or policy initiated by the MCE (of course who is the known representative of the CG) for my stay at the assembly here” said by a councillor (EC 004, KMA). 36 The power and authority transferred to the DAs is meant to empower DA members to initiate project, policies and programmes since they are closer to the localities and to enforce the ‘bottom-up’ precept of decision making advocated by LG experts (Olowu et al, 2004). Many scholars on decentralization argue that the initiation and generation of policies from below would yield effective and efficient solutions to address local problems (K. Ahwoi, 2010:115; Olowu et al, 2004). However, in reality majority of the DA members (especially the elected) agreed that all policies, programmes and projects are initiated from the CG. The local legislature has been reduce to ‘rubber stamp’ and treated like appendage of the CG. The characteristic of local control and the principle of ‘subsidiarity’ 16 is trample upon by the stronger presence and control by the centre, which according to Mawhood is unacceptable to classical LG (1983:23). Recounted by an elected councillor (005, AMA): “It is a pity that every project or policy is from the above, instead of we (the DA members) proposing policies and projects based on our knowledge of our communities, the CG is rather doing it. Our duty is merely to beg or criticize what the CG presents”. Many of the councillors tacitly agreed that the power that has been ceded to them to a large extent is usurped by the central government. Indeed Ayee notes that one cannot but to acknowledge and admit the threat by the appointed members to the autonomy of the DA. To tell the power wielded by the appointees, he states that in some DAs, decisions taken in the absence of some appointed members were revisited and sometimes reversed when they later showed up at meetings (Ayee 1994, 1996, and 2004). Summarily the autonomy of decision making by local representatives is seriously undermined and virtually powers granted to local authorities has been recycled back to the CG which if steps are not taken would see the manifestation of centralisation which failed the developing world in the post colonial period. 4.4 What are the Relations between Appointed and Elected Councillors? The objective of this section is to address the above question. Ghana’s DAs for the purposes of planning and making decision have councillors. These councillors composed of elected members who have their mandate from the people and for that matter represent them at the assembly and NECs who on the other hand ascertain their mandate to the DA by the appointment from the president. Unlike the ECs, the NECs do not have constituents to represent and as such might not be at the same wave length in terms of making certain decisions. The principle that public decisions should be made at a level of government closest to citizens as possible 16 37 However it is to be noted that effective functioning of the assembly would depend on the ability of these two groups to coalesce when it comes to policy formulations and decision making, consequently, the interest to find out how these groups interacts in the operations of the District Assemblies. Have the two group pitched entrench camps against each other or there is some sort of lobbying and cajoling each other in an attempt to win majority on policy decision. Evidence gathered from the two assemblies upon which this study was conducted points to some mixture of smooth relations sometimes and strain relations at other times. All councillors interviewed (25) both the elected and nominated alluded that the relation between the elected members and appointed members is easy going and that they see themselves as councillors. They do not have as it were tagged ‘names’. As one of the councillors (NEC 009, AMA) succinctly put it: “In this house we do not have appointed or elected, we see one another as councillors, we address one another as honourable member”. Relations between councillors are regulated and guided by rules base on the realisation of how weak and defective institutional and operational rules can make it difficult to reach decisions, leading to policy failure and weakened local governance (Olowu et al. 2004):9), institutions has been design such that there are no distinctions between councillors. Moreover, coordination issues among councillors can also impede activities of local councils, committees and sub-committees have been instituted through which councillors’ carry out their activities. Both appointed and elected councillors work in standing committees in the making of policies and taking decisions which is typical of bicameral legislatures where the two houses (lower and upper chamber join in the formation of certain standing committees for purpose of smooth decision making. “We the elected and the appointed work together in different committees and no groupings based on elected or appointed comes to fore.” Say a councillor (EC 01, AMA). In addition, in terms of relations in making taking decisions, councillors form coalitions in relation to the merits of the issue at stake. Voting on decisions operates on the principle of majority rule and for a bill to be approved by the council it must receive majority support, with each councillor having only one vote. Nonetheless, it is to be noted that relations between elected and nominated is not always cosy, they sometimes go in opposite directions especially when it is clear to the elected members that the CG is introducing a policy to gain or boost its political capital. Also in terms of power relations, both elected councillors and NCEs have the same power and therefore have equal power in making of policies. This is quite different from other jurisdictions where elected legislators have the final say in certain matter. 38 4.5 Women Empowerment and Promotion of Gender Equality in Ghana’s LG It order to assess and analyse the extent to which decision makers at the local level are prepare to help advance and bring on board women, in view of the low numbers of women at the local level, a question was posed as to whether local councillors would support the reservation of some seats for women at the local level since scholars argues that the local level is the closest and most accessible level of government to women, and for that matter steps could be taken to increase their numbers at that level (Ofei-Aboagye, 2000; Allah-Mensah 2004). To the dismay of the researcher majority (23/29) of the councillors were not in favour of the creation of a quota system as it is in other jurisdiction such as Uganda, Rwanda and Tanzania ((IDEA, quota project, 2010). The following responses were worth noting: “Creating women quota at the DAs to me is a funny idea, we always talk as if women are so fragile, so vulnerable, incapable and so weak. The earlier we discarded that notion the better for we men” opined an elected councillor (EC 005, AMA) For me I would never support such a thing (referring to women quota) if we empower women we would be doomed17”. (EC 03, AMA). He justified his assertion by saying that when you take a look at households where women are richer than their husbands’ peace vanish in those households. Probing further the researcher draws his attention to the countries which have instituted women/gender quota schemes yet those places are moving on well. “My brother I am speaking from experience” was all that he could add. Upon further probing I found out he is the husband of one of the outspoken woman in the Ghanaian political scene. Aside these, what was even surprising was an elected woman councillor who was not in support of the instituting a women quota system. She (EC 05, KMA) said: “Women would also have to struggle like the way we did to be here. When they (women) see you contesting and challenging men on political platforms they add in calling you names. So I would not support reserving a quota for women”. Although the opponents of the idea of reserving seats for women were many, mostly men, others including some men stated it is a laudable idea and would help the nation if implemented. All the women I interviewed both the appointed and elected with the exception of one, supported the idea. An elderly male councillor (NEC 01, KMA) had this to say: “My son it is a good idea if the presidential quota is given to women, for women to take their rightful positions in society. Women are more than men in Ghana but when it comes to making decisions for the society they are nowhere to be found. I tell you, women are responsible for the livelihood and survival of most homes in our localities. They are the breadwinners of many homes.” 17 This word may appeared harsh but that was how the respondent said 39 Another councillor stated: “when a women is leading she does it with an open heart.” She then made a comparison of committees in the assembly that are headed by men and those by women and said that those which women are chairpersons are doing better than those chaired by men”. (NEC 01, AMA). In addition a staff each from the two research think tanks I interviewed also strongly agreed to the institution of the women quota at the LG level. From their perspective the democracy of Ghana cannot be achieve with the relegation of those who constitute the majority18 in the country. For them space should be created women for women starting from the Local level to the national level. This is particularly important given the arguments by some scholars that local level representation could serve as a training ground for the participation of women at DA level (Offie-Aboagye, 2000:3-4; Thomi et al, 2000:334). Gender quota is advocated for the reason that it has helped in soaring the numbers of women in legislative bodies of countries (Dahlerup, 2006). Also it is stated that gender quota is flexible and thus can be instituted at any level (National or local), however it effectiveness depend on the type of quota chosen (ibid). For instance in Ghana voluntary party quota is not yielding results because it is not enforceable. Hence what is needed is the legal quota which will be backed by a law. In this regard it is presume that reserving the 30% presidential quota to nominate women would go a long way to increase the women in the DAs of Ghana. However the result above shows that the local councillors are not ready to welcome the creation of reserve seats for women. The observation of Ayee in the year 2000 which showed that men were “overwhelmed” at the DAs is confirmed by this research. My own perusal of documents of the two assemblies reveals that men by far outweigh women in the two DAs. For example at AMA out of a total of 129 councillors women are only 20. Like AMA, the situation was not different at KMA where women are 20 out of 144. This calls for an affirmative action such as a purely appointment as discussed in this paper. 4.8 Conclusion This chapter discussed and answered the research questions presented in chapter one of this study. The next chapter which is the last chapter of this paper recaps the major findings of this research. 51.3% according to the 2010 population and housing census. (accessed 15/10/11 on www.ghanaweb.com) 18 40 Chapter 5 tions Conclusion and Policy Considera- 5.0 Introduction The decentralization reforms as envisaged by Ghana’s constitution aims at empowering local people at the grassroot (as it is stated “give power to the people”) in order to evolve a robust local democracy and local governance. Insights from concepts employed in this study revealed that in order to evolve good democratic local governance, a proper blend of downwardly accountable councillors combine with gender equity, and effective representation is indispensable. This paper sets out to find out how the inclusion of NECs impact on the local democracy and local governance in Ghana and consequently to test the hypothesis that NECs are experts and technocrats with valuable experiences to contribute to the development at the local communities (Ofei-Aboagye 2000), 2000; Ayee 2008). In this direction this chapter aims to synthesise the main findings of this study and to underscore the main findings as examined in the preceding chapters. 5.1 Major Findings 5.1.1 NEC Nomination Process This study shows that Ghana’s decentralization and LG though implemented for over two decades now could not have a standardised and transparent process and criteria for the nomination of NECs. The nominations are left at the mercy of party executive who determine who should be nominated (which mostly is reserve for party members) and this has subsequently chipped in partisan politics at the LG level which the constitution of Ghana frowns upon. 5.1.2 Representation As regards representation, this research points to the effect that NECs weights are tilted in favour of the CG and for that matter act in the interest of the CG government and this dilutes the autonomy of the DAs as their presence brings into the assemblies the heavy presence of the CG. This has led scholars to state that the transfer of power and authority to the DAs is but a little with an ulterior motive of unwillingness to relinquish power to the LGs (Ayee in Oluwu & Wunsch, 2004:152, (Antwi-Boasiako ). 5.1.3 Accountability Strongly connected to the above is the issue of accountability which is also a crucial tenet of good democratic LG. This paper revealed that NECs are not downwardly accountable which implies it impacts adversely on democratic local governance. Although the NECs plans and take decisions on the behalf of the local people, the latter are disconnected from the former in that they do not participate in the choosing of NECs and consequently cannot hold them 41 to account. Thus downward accountability which forms a major thrust of Local democracy and governance is sacrificed in favour of upward accountability. 5.1.4 Underrepresentation of Women Not only the above, the paper also shows the state of women representation at the LG level where scholars presumed women can be effectively represented (Ofei Aboagye, 2000; Allah Mensah, 2004). The findings reveal that even though women are underrepresented, local councillors are not in support of the institutionalization of a special quota to get women into the DAs. (i.e. supporting that the 30% president nominations should be reserve purposively to appoint only women). 5.1.5 Result of Hypothesis Following the evidence ascertained from the study, that the NECs advocates strongly for the CG, this paper rejects the hypothesis that non elected seats are reserved to introduce experts and experience people into local decision-making bodies. This is evident by NECs not accountable in any proper way and fact that NECs advocates strongly for the CG at the local level. 5.2 Some Policy Directions Decentralization and LG has become a major part of the general governance system of Ghana which has come to stay. For that matter it is only prudent that steps are taken to make it formidable. However, the above discussions points to the effect that some adjustments need to be made in order to attain good democratic local government which would make the local people the kingpins of local development as envisaged by experts and advocates of decentralization and local governance. Following from the above findings, which points to the effect that the NEC seats are used by ruling governments to reward their party members; secondly, that no effective system of accountability is instituted to make PADCs downwardly accountable to the local people and the fact women representation at the DAs is below appreciable levels, the study offers the following policy recommendations: 5.2.1 Nature of Nominations In view of the fact that nominations of NECs are used by CGs to advance their political agendas, this paper advocates that the nominations should be made permanent in order to guard against governments using the nominations for political patronage. The tenure of office of the non-elected councillors should be longer such that changes in government would not affect their appointments. For instance NECs, once appointed must be mandated to serve until 70years. This would prevent governments from arbitrary dismissal NECs and more importantly it would allow NECs to gain relevant experience. 42 5.2.2 Institute Effective Downward Accountable System for NECs Secondly, Institute a uniform mechanism to make NECs to be downwardly accountable to local people. For it is only when the local people can monitor, audit, and hold local councillors accountable that democratic decentralization would yield positive result. 5.2.3 Gender Quota Apart from the above this research recommends the Institutionalization of Legal gender quotas at the local level in order to swell women numbers at the local legislatures, which must be based solely on nominations, since the voluntary party quotas adopted by the leading political parties has not been applied to the latter. This research advocates for legal gender quota based on nominations in order that governments would be oblige to pursue it. 43 Appendices Appendix A Interview Guide used to Collect Primary Data for this Paper A1 Questionnaires for District Chief Executive 1. What is the nomination process for the non-elected assembly members? 2. Who nominates the appointee? 3. What are the criteria for appointment? 4. What qualities are considered in the appointment? 5. Are groups consulted in when appointment are being made as stated in the constitution Yes/no? 6. If yes, who are these groups? 7. If not, why? 8. Are appointments done to get experts and/ or minority groups into the assembly? 9. What kind of influence do they bring to the assembly? 10. Who do they represent as they do not have constituencies? 11. Are the appointees from your party? 12. Are the appointees accountable yes/no? 13. If yes, to whom and why? 14. If not why? 15. How is the relationship between the appointed and elected members like? 16. Certain people are advocating that the quota should be reserved for women, what is your take on that? 17. Would you support that the quota should be eliminated completely? 44 A2 Questions for Appointed Assembly Councillors 1. 2. 3. 4. 5. 6. 7. How long have you been in the assembly? What is your occupation? Who recommended you for this appointment? What is your motivation for accepting this post? Are you active in politics Yes/No? If yes which Party? Are you part of any of working committees of the assembly Yes/NO? 8. Why the above answer? 9. Whose views do you represent in the assembly since you do not have constituencies? 10. What influence do you bring to bear on the assembly? 11. Are you accountable? Yes/No 12. If yes to whom and how? 13. How is the relationship between you and the elected representatives? 14. How is your voting behaviour/pattern? Are you part of the majority/opposition and do you vote the same way as the rest of your group or do you vote based on the issue? A3 Questions for Elected Assembly Member 1. How long have you been in the Assembly? 2. What motivates you to be an assembly member? 3. What development have you sent to your constituency? 4. How do work you in the assembly? 5. How is the /your voting behaviour in the assembly? 6. What is the relationship between you and the appointed members? 7. Do you know who appoints the non elected assembly members Yes/No 8. If yes who? 9. On what basis are appointed assembly members selected? 10. What contribution do they bring to the Assembly? 11. What kind of policies do they normally support? 12. Are they always in support of government policies? 13. Are some of them experts in certain fields e.g. engineering? 14. Are they incumbent party members Yes/No? 15. If yes do they display their support for government policies explicitly/implicitly at the Assembly? 16. 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