Module C: Social contract, good local governance and public participation 1. Introduction 1.1 Aim of module To increase understanding of the principles and practice of good local governance Module C: Social Contract, Local Governance and Public Participation 1 Introduction (cont) • Explore implications of decentralization for central-local relations • Understand relationships between local government and other local actors • Understand concept of governance + principles of good local governance • Be aware of strategies and tools for strengthening citizen-local government relationship Module C: Social Contract, Local Governance and Public Participation 2 Introduction (cont) 1.2 Structure of the day 2. Formal representative politics: rhetoric, reality and potential 3. Widening political engagement – participation and accountability 4. Community development & local govt 5. Tools & sources of guidance Module C: Social Contract, Local Governance and Public Participation 3 2. Formal representative politics: rhetoric, reality and potential 2.1 Introduction Purpose: to examine whether local democracy results in – more effective & responsive local government – voice for citizens, especially the poor Module C: Social Contract, Local Governance and Public Participation 4 2.2 Central-local relations • Degree of autonomy related to – Constitution and legal basis for local government – Political motives of center + role and organization of local politics • Enhance local responsiveness + accountability • Counterbalance central power • More effective & efficient service delivery – Resource base Module C: Social Contract, Local Governance and Public Participation 5 2.2 Central-local relations (cont) • Degrees of autonomy – High – capacity to initiate + freedom from oversight – Medium – either capacity to initiate + oversight or little power to initiate but little oversight – Low – no capacity to initiate, strong central control Module C: Social Contract, Local Governance and Public Participation 6 2.2 Central-local relations (cont) • Central government attitudes vary • Arguments for retaining central control e.g. – – – – – – Universal provision + redistribution Universal standards or content Central backup/specialized services Professional staff Achieving sectoral goals Resources not evenly distributed Module C: Social Contract, Local Governance and Public Participation 7 2.3 When is DD effective & responsive to the poor? • Has recent DD been developmentally effective + responsive to the poor? • In what circumstances? • With what characteristics? • Recent research comparing experience finds often not, but sometimes is – when and why? Module C: Social Contract, Local Governance and Public Participation 8 2.3 When is DD effective & responsive to the poor? (cont) i. Central government motivation – – – Build alliances + local elites – some powers, so may be effective, but unlikely to be pro-poor Circumvent local elites to achieve poverty reduction – pro-poor if central backing Fear local challenges so resists DD – limited powers, benefits mostly captured by local elites Module C: Social Contract, Local Governance and Public Participation 9 2.3 When is DD effective & responsive to the poor? (cont) ii. • • • Local socio-political structures Elite capture common? Increases voice of middle income But – elite capture not inevitable – Composition & interests of elite? e.g. compare Botswana and Cote d’Ivoire (Boxes 1 and 2) Module C: Social Contract, Local Governance and Public Participation 10 2.3 When is DD effective & responsive to the poor? (cont) iii. The design of political arrangements for decentralization influences • Scope for political participation • Nature of representation • Likelihood of responsiveness • Accountability • Who holds power – individual, group, dispersed? Module C: Social Contract, Local Governance and Public Participation 11 2.3 When is DD effective & responsive to the poor? (cont) iv. Admin & fiscal arrangements • • • Resourcing critical – stable, predictable centrallocal transfers + local revenue generation Role of central government – control, supervision, staffing, technical support (balanced with autonomy) Hierarchy of levels + clear allocation roles to – Ensure resources + expertise available to local level – Sub-local units to increase responsiveness Module C: Social Contract, Local Governance and Public Participation 12 2.3 When is DD effective & responsive to the poor? (cont) v. • • • Institutionalization Stability over 10-15 years Successive elections Development of capacity Module C: Social Contract, Local Governance and Public Participation 13 2.4 The characteristics of local democratic politics • Political structures & organization – Electoral arrangements – Location of executive control – Accountability mechanisms • Influence – Scope for political participation – Responsiveness + effectiveness – Accountability Module C: Social Contract, Local Governance and Public Participation 14 2.4 The characteristics of local democratic politics (cont) Design of local electoral system a) Election of representatives – Ward-based vs party list (see Boxes 1 & 2) – Can and do all residents vote? Who is less likely to vote and why? – What is the basis for representation? Exercise 1 – what do you understand by ‘representation’? Module C: Social Contract, Local Governance and Public Participation 15 2.4 The characteristics of local democratic politics (cont) a) Election of representatives (cont) – Can all citizens stand for political office? – Does the social composition of legislatures reflect city/district population? b) Rules on terms of office – Single short term – encourages short termism – Longer, multiple – encourage reform + longer term initiatives? Module C: Social Contract, Local Governance and Public Participation 16 2.4 The characteristics of local democratic politics (cont) c) Institutionalization – Are elections held regularly? – Is there a peaceful alternation of power? – Are local elections independent of national elections? Module C: Social Contract, Local Governance and Public Participation 17 2.5 Issues of executive control and accountability • Single or plural executive – Plural – more councilors participate, may be indecisive – Single (e.g. elected mayor) – clearer leadership, fewer checks & balances • Elected or appointed • Executive and/or managerial powers independent of legislature • Appointing senior staff - confidence appointments? Module C: Social Contract, Local Governance and Public Participation 18 2.5 Issues of executive control and accountability Accountability • • • • • • • Requirements for transparency? Who should exercise scrutiny? Who should be held to account? By whom? Reasons for accountability failure? How can accountability be improved? Issues? Procedures + finance, or + gender equity, social justice, environmental impact? Module C: Social Contract, Local Governance and Public Participation 19 2.5 Issues of executive control and accountability (cont) Transparency • Information available + timely + accurate • Between admin, executive & legislature • Between local govt & citizens • Right to Information legislation? Module C: Social Contract, Local Governance and Public Participation 20 2.5 Issues of executive control and accountability (cont) Accountability mechanisms • Internal (horizontal accountability) – Rules and regulations – Internal reviews & audits – Central govt supervision – Merit-based recruitment & reward Module C: Social Contract, Local Governance and Public Participation 21 2.5 Issues of executive control and accountability (cont) • External (vertical) – Executive-based controls (admin to political executive) – Does the executive represent the interests of citizens or limited/personal interests? – Legislature-based controls (admin + exec to elected council/assembly) – Has it legal powers + political authority? Module C: Social Contract, Local Governance and Public Participation 22 2.5 Issues of executive control and accountability (cont) • External accountability (cont) – Central govt regulation – Is there an indep audit office? – Does central govt encourage good performance, collude with bad practice, or constrain local govt? – Electoral system – Is there wide & regular participation? Module C: Social Contract, Local Governance and Public Participation 23 2.5 Issues of executive control and accountability (cont) • External mechanisms (cont) - Is there ‘neighborhood level govt + resources (see the kebeles of Addis Ababa – Box 3) – Ventilation of grievances (e.g. regular public hearings, ombudsman, complaints system, media publicity) – Are there complaints systems & are they effective? – Can all get redress for grievances? Module C: Social Contract, Local Governance and Public Participation 24 2.5 Issues of executive control and accountability (cont) • External mechanisms (cont) – Campaigning by civil society orgs – Do GROs have wide membership? – Can/do NGOs speak on behalf of the poor? – Judiciary-based controls – Does court system have capacity? – Can all citizens access the court system? Module C: Social Contract, Local Governance and Public Participation 25 Exercise 2: the strengths and weaknesses of local government • What are the strengths of the local government system in which you work? • What are its weaknesses? NB give most consideration to political aspects – Relationships with central govt – Local electoral system – Composition & functioning of legislature – Location & exercise of executive power – Arrangements for ensuring accountability Module C: Social Contract, Local Governance and Public Participation 26 2.6 The vicious and virtuous circles of ineffective/effective local govt • Vicious circle of ineffective undemocratic local govt Little autonomy Unresponsive and lacking capacity Few benefits so limited political participation Local politics left to the elite Lost legitimacy, increased disillusionment Module C: Social Contract, Local Governance and Public Participation 27 The virtuous circle of effective & democratic local govt Local political processes + wide political participation Opportunities for direct democracy Accountability mechanisms Capacity + autonomy Significant tasks + sufficient resources Central govt backing, good central-local relations Module C: Social Contract, Local Governance and Public Participation 28 2.7 Principles of local governance • Government = political & admin apparatus of the state, which guides, controls, regulates, decides • Governance = governing through relationships between state/civil society, rulers/ruled – Interdependence, interaction + joint action – Shared values and purpose which cannot be achieved by govt (or civil society, citizens) alone Module C: Social Contract, Local Governance and Public Participation 29 2.7 Principles of local governance (cont) • • • • Democratization Re-allocation roles & responsibilities Resistance from some, but Recognition of advantages: if they pass on appropriate tasks, and concentrate on getting right the things that only public sector organizations can do, then if improved service delivery results, increased legitimacy and support Module C: Social Contract, Local Governance and Public Participation 30 2.8 Actors in the local political system • Who are the key political actors? – Politicians + political parties – Public sector agencies – Traditional authority structures – NGOs – variety of possible aims – Trade unions – CSOs – Citizens Module C: Social Contract, Local Governance and Public Participation 31 2.8 Actors in the local political system (cont) • What are their political practices? – Voting – Debate, agenda setting – Decision making – Lobbying, demand-making – Negotiation, bargaining – Forming alliances, cooperation – Resistance, protest, non-compliance Module C: Social Contract, Local Governance and Public Participation 32 2.8 Actors in the local political system (cont) • What explains these political practices? – Values – Understanding of political rights and system – Interests (personal and collective) – Opportunities + constraints provided by political system Module C: Social Contract, Local Governance and Public Participation 33 Exercise C.3: Stakeholder analysis of the local political system In a local political system with which group members are familiar • Identify the main political actors (powerful + marginalized) • Identify political interests of each actor • What influence do they have and why? • Which actors have most/least influence? Module C: Social Contract, Local Governance and Public Participation 34 3. Widening political engagement – participation & accountability 3.1 Introduction: participation Voting = passive citizenship Participation = o active citizenship o power sharing o end or means o initiated from above or below Module C: Social Contract, Local Governance and Public Participation 35 3.1 The ladder of participation Type of participation • Persuasion • Mobilization • Consultation • Participation • Collaboration • Collective action/self management Action by government • On residents • for govt purposes • For/with citizens • For/with citizens • With citizens • Neglect or support Module C: Social Contract, Local Governance and Public Participation 36 3.2 Strengthening local democracy a) Local government – autonomy + elections • Role for central government – – – – Policy frameworks Minimum standards for basic services Ensuring equity Exercising scrutiny to encourage good performance – Providing selected services Module C: Social Contract, Local Governance and Public Participation 37 3.2 Strengthening local democracy (cont) • Role for central govt (cont) – Legislation – Reformed electoral rules, including elected executive – Reserved seats (quotas) for underrepresented groups (e.g. Uganda) – Non-govt reps in policy + oversight – Requiring consultation + participation Module C: Social Contract, Local Governance and Public Participation 38 3.2 Strengthening local democracy (cont) b) • • To • • • Effective representation Civic education ) see Box Political capacity building ) 7 Encourage voting, especially by poor, women Encourage citizens to stand for election Build capacity to use office once elected Module C: Social Contract, Local Governance and Public Participation 39 3.2 Strengthening local democracy (cont) c) Budget analysis • Budgeting by local govt often unrelated to policy aims, poorly presented and secretive • Result – little useful role for legislature, no role for citizens (e.g. Uganda Box 8) • Actions – Improved budgetary practice (Module F) – Budget analysis by NGOs, citizens leading to pressure for gender awareness, equity, responsiveness to needs of poor Module C: Social Contract, Local Governance and Public Participation 40 Exercise C.4: Ways of strengthening local democracy – local needs & feasibility • Approaches – Local govt legislation – Civic education & capacity building – Budget analysis • Are any of these approaches needed in your local situation? • Would that/those approaches be feasible? Module C: Social Contract, Local Governance and Public Participation 41 3.3 Strengthening accountability • Possibilities – Government initiatives to improve internal and external accountability – Civil society initiatives – Joint initiatives Module C: Social Contract, Local Governance and Public Participation 42 3.3 Strengthening accountability (cont) a) Claiming rights, addressing corruption • Educating the poor in their rights to basic services/regulations (Boxes 8 FOWODE and 9 Operation Firimbi, Kenya) • Supporting poor people when they approach or make claims from the bureaucracy (Box 9 Parivartan, Delhi) • Participatory corruption appraisal + action plan Module C: Social Contract, Local Governance and Public Participation 43 3.3 Strengthening accountability (cont) b) Assessing user satisfaction • Quantitative opinion surveys (Box 11 Report cards) • Qualitative user surveys • ‘naming and shaming’ • Pressure through publicity, lobbying, dialogue • Response? Module C: Social Contract, Local Governance and Public Participation 44 3.3 Strengthening accountability (cont) c) Monitoring and auditing local government performance • Monitoring govt expenditure – role for NGOs, external scrutiny body + citizen reps • Monitoring delivery – role for users, residents’ groups (e.g. Uganda – Box 8) • Auditing quality – role for residents, technically qualified volunteers • Response? Module C: Social Contract, Local Governance and Public Participation 45 Exercise C.5: Applicability of approaches to strengthening accountability to the local situation • Approaches to – Reducing effects of corruption on the poor – Assessing user satisfaction to improve service delivery – Monitoring local govt performance • In your local situation, which of these would be – Applicable – Feasible • Identify 1-2 alternative approaches Module C: Social Contract, Local Governance and Public Participation 46 3.4 Participatory decision making See examples from St Louis, Senegal & Nakuru, Kenya in Boxes 13 & 14 Is the city/district strategic development planning process effective? • Plan to which all public agencies committed? • Known to other development actors? • Being implemented by dev’t control + allocation funds? Module C: Social Contract, Local Governance and Public Participation 47 3.4 Participatory decision making (cont) • Under regular review for updating? • Prepared & reviewed through consultative or participatory processes? • Participatory budgeting in Brazil (see also Box 8 on Uganda) • Kenya’s new Local Authority Transfer Fund (Box 15) Module C: Social Contract, Local Governance and Public Participation 48 Exercise C.6 Analyzing a case study of participatory decision making Participatory budgeting in Brazil • 1. Who participates? • 2. In what are they able to participate? • 3. How do citizens participate? • 4. Could participatory budgeting on the Brazilian model by used locally? If not, why not? • 5. What alternative method of increasing participation in budgeting might be feasible? Module C: Social Contract, Local Governance and Public Participation 49 Exercise C.6 Analyzing a case study of participatory decision making PB in Brazil – contextual factors explaining success • • • • • Political history Workers’ Party + pro-poor political ideology Participatory culture Growing confidence of the poor + women Decentralization + improved financing of local govt Module C: Social Contract, Local Governance and Public Participation 50 3.4 Participatory decision making (cont) Factors explaining successful participation • Initiative from politicians or citizens • Attitude of local govt – citizens not beneficiaries • Commitment of local govt + institutionalized into procedures • Multi-party political system (but not polarized) • Enabling environment: DD + tradition of self-help • Presence of a change agent • Clear benefits for all participants • Capacity building for all actors Module C: Social Contract, Local Governance and Public Participation 51 4. Community development and local government Exercise C.7 What does ‘community’ mean? Module C: Social Contract, Local Governance and Public Participation 52 4.1 Introduction: the concept of ‘community’ Issues to be considered in local government -community cooperation for development – Does administrative subdivision or informal settlement have homogeneous population with common interests? – Does area have a CBO (or more than one)? – Is there a need for new organizations? – Who are the community leaders & are they representative and accountable? Module C: Social Contract, Local Governance and Public Participation 53 4.1 Introduction: the concept of ‘community’ (cont) Forms of community participation i. Better educated residents ‘represent’ area ii. Resident local govt officials ‘represent’ area iii. Consultation – do all have a voice? iv. Area reps sit on board, committee – are they influential? v. Community (or its leaders) asked to develop project jointly with external agency vi. Residents take initiative, seek external support Module C: Social Contract, Local Governance and Public Participation 54 Exercise C.8: Resolving conflict Task of local councilor: to resolve conflict between formal shopkeepers and informal street vendors Module C: Social Contract, Local Governance and Public Participation 55 Exercise C.8: Resolving conflict – questions for discussion • What were the views of the formal shopkeepers & why were they in conflict with the vendors? • What were the views of the vendors? • What solutions were you able to come up with? • What were the difficulties you experienced in finding a win-win solution? Module C: Social Contract, Local Governance and Public Participation 56 4.2 Community participation in decision making & service delivery – romantic or realistic? Factors resulting in success • Strong + committed leadership for the initiative • Tradition of participation • Developed with not for groups • Larger proportion of population participating • Long time frame • Sustainability considered from beginning • Minimizing time involvement of poor + providing incentives Module C: Social Contract, Local Governance and Public Participation 57 4.2 Community participation in decision making & service delivery – romantic or realistic? (cont) Motives for participation • Forced to participate ) outcome unlikely • Paid to participate ) to be successful • Incited to participate ) (by reward or sanctions) • Participate voluntarily ) outcome likely to • Initiate participation ) be successful Module C: Social Contract, Local Governance and Public Participation 58 4.2 Community participation in decision making & service delivery – romantic or realistic? (cont) Obstacles to participation (+ solutions) Within an agency • Centralization - decentralize • Attitudes: recipients not citizens, resist power sharing, use technical language, don’t value people’s knowledge – develop new attitudes • Internal systems which don’t reward it – reward working with communities • Frequent transfer of staff – recognize time needed to build relationships with communities Module C: Social Contract, Local Governance and Public Participation 59 4.2 Community participation in decision making & service delivery – romantic or realistic? (cont) Obstacles within a ‘community’ • Lack of organization – local govt or NGO community workers facilitate organization • Leaders lack skills – capacity building • Factionalism – processes to build consensus (where impossible working + groups that don’t threaten powerful interests/leaders e.g. women) • Powerful secure benefits – make info available to all residents Module C: Social Contract, Local Governance and Public Participation 60 4.2 Community participation in decision making & service delivery – romantic or realistic? (cont) Obstacles within society • CBOs seen as a political threat – negotiate with political actors • Legal hindrances – ensure all residents can participate • Centralization – decentralize, so scope for local decision making • External funders hinder – change practices & requirements Module C: Social Contract, Local Governance and Public Participation 61 4.2 Community participation in decision making & service delivery – romantic or realistic? (cont) Some examples C.14 Participatory ward development planning in S Africa C.15 Local management of PHC in Senegal C.16/17 Communities & municipalities working together in Dar es Salaam, Dondo (Mozambique) & Burkina Faso C.18 Community participation in watsan delivery in Luanda Module C: Social Contract, Local Governance and Public Participation 62 4.2 Community participation in decision making & service delivery – romantic or realistic? (cont) Elements of good practice • Motivation + attitudes – • respect on the part of local govt and communities for skills, views & knowledge of the other • Willingness to listen • Recognition of social diversity + inclusion women, disadvantaged groups, minorities • Free flows of information Module C: Social Contract, Local Governance and Public Participation 63 4.3 Supporting community participation and development • Support to communities – Access to financial resources e.g. local development funds – Capacity building • Support to local authorities – Capacity building – Autonomy, range of functions, adequate resources Module C: Social Contract, Local Governance and Public Participation 64 Exercise C.9: Approaches to participation in community decision making & service delivery • Approaches – Participatory community planning – Participatory service delivery – Support to communities • Which approaches are relevant to your local situation? • Which approaches are feasible? • Rank them from most to least useful Module C: Social Contract, Local Governance and Public Participation 65 5. Conclusion • Readings • Tools for participation + sources of guidance • Summary of the day – revisit objectives – Examination of relations citizens-local govt – Obstacles to democratic local govt – Principles + requirements for good local governance – New ways of working together – strengthening democracy, accountability and participation Module C: Social Contract, Local Governance and Public Participation 66