THE REPUBLIC OF UGANDA LOCAL GOVERNMENT FINANCE COMMISSION The Experience of Uganda – Local Government’s Role as a Partner in the Decentralization Process to Strengthen Local Development BY MR. JOHNSON BITARABEHO CHAIRMAN LOCAL GOVERNMENT FINANCE COMMISSION UGANDA A Paper Presented to A Conference on Access to Development Funding for Local Governments in Africa Emperors Palace Hotel, Johannesburg, 15 – 17 September 2008 1 The Experience of Uganda – Local Government’s Role as a Partner in the Decentralization Process to Strengthen Local Development 1.0 Introduction The decentralization process practiced in Uganda is based on devolution of powers, functions and responsibilities to popularly elected local governments. The local governments have powers to make and implement their own development plans; to make, approve and execute their own budgets; to raise and use resources according to their own priorities; to appoint statutory committees, Boards and Commissions; to make ordinances and bye-laws that are consistent with the Constitution and other existing laws; to hire, manage and fire personnel; to manage their own payroll; and to implement a broad range of decentralized services previously handled by the centre. This extensive devolution of powers is intended to improve service delivery by shifting responsibility for policy implementation to the local beneficiaries themselves; to promote good governance by placing emphasis on transparency and accountability in public sector management; to develop, broaden and deepen political and administrative competence in the management of public affairs; to democratize society by promoting inclusive, representative and gender-sensitive decision-making; and to alleviate poverty through collaborative efforts between central and local governments, donors, non-government organizations (NGOs), community based organizations (CBOs), the private sector and other stakeholders. The General Objective of the decentralization policy in Uganda is to fundamentally transform society by empowering citizens to take charge of their development agenda in order to improve their livelihoods. This is fundamentally geared towards poverty reduction through promotion of production and related activities in order to raise people’s income and material well-being. This paper while addressing the topic will highlight the legal framework, Revenues to Local Governments, Participatory Planning and Budgeting, Local Economic Development Initiatives in Uganda and Challenges. 2.0 The Legal Framework The Decentralization Policy has a full chapter in the National Constitution (Chapter 11). There is an Act of Parliament giving full effect to the decentralized functions. The legal framework highlights the following: 2 Provides responsibilities and funding at various levels of Government. Funding includes unconditional, conditional and equalization grants. Local governments by their nature of being close to the people have the majority of responsibilities that provide basic services to the people. Central Government makes national policies while local governments translates those policies into benefits to the communities e.g. policy on Universal Primary Education, Policy on Primary health care, policy on prosperity for all etc. Local Governments also have legislative powers to make by-laws and ordinances to support their work in providing services where the national laws are not explicit on some things. By-laws should however not be inconsistent with superior laws. Sector ministries based on national policy objectives, develop standards of service delivery and the local governments utilize the standards to provide services to the people. Sector ministries Departments and agencies at the centre provide capacity building, monitoring and evaluation of local governments. Structure of Local Government System in Uganda Local Governments in Uganda are composed of urban and rural councils. The figure below demonstrates the structure of the system City Council (1) City Division Council (5) District Council (79) Municipal Council (13) Municipal Division Council (37) Town Council (98) Sub County Council (870) Figure 1 The hierarchy and relationship of Local Governments in Uganda (September 2008) It is important to note that all entities reflected on Figure1 are autonomous in financial matters. Every local government is a body corporate with perpetual succession and a common seal. It has a defined geographical jurisdiction, and has revenue raising powers to finance delivery of services for its subjects. 3 3.0 Revenues to Local Governments Funding for local governments is provided for in the Constitution of the Republic of Uganda. These include the following: Unconditional grant; This is a block grant that funds decentralized services. It has both wages and non-wage. This funding constitutes about 11% of Government transfers to local governments. Conditional Grants; This includes money to fund programs and projects agreed upon between the Government and the local governments and are spent only for the purpose and in accordance to the conditions agreed upon. This funding constitutes about 88% of Government funding to local government. In this one there is a clear framework for negotiations between local governments and Central Government sector ministries to agree on conditionalities that promote effective implementation of programs. Equalization Grant; This is a grant given to some local governments lagging behind national average standards of particular services. This grant forms a very small percentage of about 0.5% of total transfers. Currently it focuses on key services namely, education, roads, water, health and agriculture extension. When all the three types of grants are combined, they constitute 30% of the national budget. In this FY, Government plans to transfer directly shs 1.15 trillion (US$ 700,000,000) directly to local governments in form of grants. The national budget1 is shs 3.889 trillion (US$2,360,000,000) for FY 2008/09. In this financial year’s budget, 78% of the grants to local governments are recurrent while 22% are for development funding. About 30% of the development funding is discretional funding locally called the local development grant (LDG). Also about 72% of the recurrent grants are composed of wages and 28% are non wage. 4.0 Participatory Planning and Budgeting With the implementation of the decentralization policy, deliberate effort was undertaken to decentralize the decision making powers on the planning and budgeting process. To facilitate this practice, the following were designed with the involvement of local government: 1 This excludes interest, statutory payments and direct donor development projects. 4 Harmonized Participatory planning guidelines/manual. This manual facilitates bottom up planning with key planning centers at the Village/Community level, Parish level with a Parish Development Committee (PDC) as an institution in charge, sub-county level where there is a technical planning committee and an Executive Committee. At the district level there is a Technical Planning Committee. At every level of this structure there is both a technical and political organ which work together to promote economic development. Budgeting Manual which facilitates the budget formulation and execution processes. The Manual was designed to specifically promote the decentralization objective of promoting local government autonomy, widen decision making and ensure that local government expenditures facilitate efforts to eradicate poverty in the country. The participatory planning and budgeting provide a framework of reviews of performance before plans for the next financial year are agreed upon. The reviews take place at all levels. However, the key ones are those to roll over the local government development plans and sectors at the centre which draw participants across all levels of Government. This is done in recognition of the different stakeholders/partners in development. Local governments provide periodic reports on their performance in terms of financial and physical outputs. This provides inputs into the performance review and national assessments. In order to effectively facilitate harmony, understanding and appreciating each level of government roles and responsibilities, when Government designed the Fiscal Decentralization Strategy, two Committees were established. One committee is the Local Government Budget Committee (LGBC) which overseas the budget formulation process for local governments. The second one is the Local Government releases and Operations committee (LGROC). This overseas the local government budget implementation process. Both committees have representatives from the central government sectors and local governments. 5.0 The Local Government Finance Commission also spearheaded the establishment of Local Revenue Enhancement Coordinating Committee (LRECC). This committee handles issues of local revenues which includes policy development and coordination, designing best practices in revenue mobilization and addressing challenges in local revenue administration and management. Local Economic Development Initiatives in Uganda Uganda is in the process of implementing Local economic development system to manage its resources and to stimulate its economy. This initiative is planned to improve the economic and tax bases in the local areas in the country. The plan is through a number of avenues such as: 5 Local development that involves improving the state of natural and built environments (including basic infrastructure such as roads, electricity, water and waste removal); Local enterprise development, which will stimulate economic growth in the rural areas in Uganda. These enterprises include large, medium, small and micro enterprises in both the agricultural and non-agricultural sectors; Local economic governance that entails improving the economic performance of local government in Uganda, based on better management, accountability and transparency. Establishment of Local Economic Investment Committees. The major role of these Committees are to identify local opportunities that they can market to investors from within and outside the country. If there is need for land, they identify the land; notify the Uganda Investment Authority at the centre especially if the land needs to be serviced with utilities and infrastructure. Establishment of Millennium Development Villages. These are still at trial level. However, the objective to this initiative is to provide examples of what a community with access to services looks like. Promotion of Public Private Partnerships in provision of local government services. This is evident in joint committees, contracting for infrastructure development and maintenance. Other tangible results of decentralization. Local Governments are the main actors in the implementation of the millennium Development Goals. With the empowerment of the communities through decentralization, there have been tangible results in a number of development areas for example: (i) Education: With the introduction of Universal Primary Education (UPE), primary school enrolment increased from 1.6 million in the year 2000 to 7 million in 2007. (ii) Water: Access to safe and clean water has increased in all districts with an average increase from 45% in 2000 to about 63% for rural and 65% for urban local governments in 2007. 6 (iii) Roads: These attract priority attention by the local governments in their budgets. Local Governments are also responsible for the community and feeder roads while Government is responsible for the main trunk roads and major inter districts roads. (iv) Infant Mortality has reduced from 505/100,000 in 2000 to 435/100,000 in 2006. A survey to get this information is carried out every 5 years. Local governments are also in charge of primary health care delivery. (v) Agriculture extension services which are the responsibility of local governments have been reformed to promote services to farmers on high yielding and commercial enterprises. This has been done through a Programme for Modernization of Agriculture (PMA). This programme has key components of research, national advisory services, agro processing and marketing. (vi) Gender promotion, in particular empowerment of women, youth and persons with disability has become a reality with statutory representation in governance structures at a minimum of 33% (vii) Poverty has reduced from about 45% in 2000 of people earning less than one dollar per day to 31% in 2007. 6.0 Challenges Low local revenues which constitutes about 5% of local government budgets. This poses a challenge of operation and maintenance of investments. Little discretional funding available to local governments. Most of the funds are conditional grants and on sector basis which constitutes 88% despite the fact that there are negotiations. Improvement in service provision in some local governments has caused a tide of advocating for new local government entities where they feel marginalized. At the start of fiscal decentralization in 1993, the country had only 39 districts. This has increased to 80 by July 2007. Besides funding for teachers and health sector workers whose wages central government pays 100%, other staff structures in local governments are inadequately funded. This financial year 62% of the cost of structures has been provided for . However, these 7 structures were developed by the central government in consultation with local governments. Some Local Governments in the country can not attract and retain key staff to provide basic services especially in education, water, health, roads etc. Sometimes there have been tendencies by sector ministries to recentralize some staff. Conclusion Distinguished delegates, with the implementation of decentralization, Uganda has made major strides towards providing basic services to the people despite challenges that emerge during the implementation. The above picture is only a snapshot of our experiences as a country in the few years we have been implementing the policy of decentralization. They are a testimony to the efficacy of this policy in casting a positive change in governance and development at the local level. Local governments as units of government closest to the population have a vital role in providing services in their areas of jurisdiction. In most of our developing countries, the local authorities are the untapped potential of government to move faster on the development path. However, to effectively have local government as partner in local development, they need to be provided with adequate and predictable resources and capacities for provision and maintenance of these key basic services. The challenges of unfunded mandates and the tendency to recentralize some of the devolved powers are phenomena that need to be given attention by all who value democracy and development. 8