Foreword HREE years after the publication of the first assessment, United Cities and Local Governments of Africa and Cities Alliance are pleased to present the 2015 edition of Assessing the Institutional T Environment of Local Governments in Africa. Ten criteria were identified in 2012 to assess the enabling environment that each African Government provides for its cities and local governments. Each country was analysed to assess its progress with – and their constraints on – decentralisation, and then rated on a scale of 10 to 40. Three years later, this new assessment presents both the current situation, and a means to measure progress. Generally, the news is good: the overall trend is one of modest but tangible improvement in the latitude afforded by Governments to city and local government action. Across the continent, the average rating in 2015 rose by 6% over the 2012 ratings. Twenty-three countries have made progress, mainly in Southern Africa and, to a lesser extent, in East Africa. With some variation from country to country and across regions, these improvements are in four main areas: financial transfers from central governments to local authorities; transparency in the management of local affairs; citizen participation; and the frameworks established for local government capacity building. On the negative side of the equation, a clear majority – some three-quarters of the countries – received ratings below average and still need to make major progress in implementing structural reforms. Paradoxically, the existence of urban strategies was the assessment criteria that saw the least progress. The recently adopted Sustainable Development Goals’ recognition of the role played by cities is particularly significant in Africa, the continent with one of the highest rates of urban growth, especially among small and medium-sized cities. Through the adoption of its roadmap Agenda 2063 : The Africa We Want, the African Union clearly sees cities as drivers of the continent’s structural transformation. This vision will feed into the October 2016 Habitat III Conference, where the international community is expected to adopt a new urban agenda – an agenda that will need African cities and local governments to be sufficiently empowered and resourced to meet Africa’s challenges and opportunities. William Cobbett Jean-Pierre Elong M’bassi Director Secretary General Cities Alliance United Cities and Local Governments of Africa Local Governments in Africa 2015.indd 1 11/11/15 10:17 2 Local Governments in Africa 2015.indd 2 11/11/15 10:17 Table of Contents Introduction . 5 Methodology . 7 1. The Project : Assessing City Enabling Environments in Africa . 7 2. The Context . 8 3. Criteria for Evaluating Countries Based on the Favourable Enabling Environment they Ofer to Cities and a Presentation of the Ratings . 8 3.1. Constitutional Framework . 9 3.2. Legislative Framework . 9 3.3. Local Democracy . 9 3.4. Financial Transfers from the Central Government to the Local Governments . 10 3.5. Local Governments’ Own Revenues . 10 3.6. Capacity Building of Local Government Administrations . 11 3.7. Transparency . 12 3.8. Citizen Participation . 12 3.9. Local Government Performance . 13 3.10. Urban Strategy . 14 4. Appendix. Indicators . 14 A Rapid Analysis of the 2012-2015 Period . 17 Country Profles . 25 3 Assessing the Institutional Environment of Local Governments in Africa Local Governments in Africa 2015.indd 3 11/11/15 10:17 4 Local Governments in Africa 2015.indd 4 11/11/15 10:17 Introduction The present report on the enabling institutional regulatory provisions on decentralisation. Following environment for cities and local authorities follows the crisis in northern Mali, peace agreements up on the first edition of this rating, which was drawn have been signed that have major implications for up in 2012 and published in 2013. This report is decentralisation policies. The ‘Back to the Basics’ being published for the 7th Africities Summit, which approach adopted in South Africa redefines the will be held in Johannesburg (South Africa) from responsibilities of local governments within the 29 November to 3 December 2015. country. In Morocco, the advanced regionalisation This second report updates the country ratings provided for in the 2011 Constitution has been produced in 2012, and analyses changes that took implemented and local elections were held in place in the institutional environment for cities and September 2015. The Democratic Republic of the local authorities between 2012 and 2015, especially Congo has redrawn the borders of its provinces. in countries where major changes in the institutional Finally, Uganda has made progress in local environment for local governance have occurred, government financing and strengthening the role of notably Burkina Faso, the Democratic Republic of cities in development. the Congo, Kenya, Mali, Morocco, Senegal, South Second, the information and data necessary to Africa, Tunisia, Uganda and Zimbabwe. update country ratings were gathered for all First, in collaboration with the national associations countries. of local governments, countries that have undergone The criteria used to assess the enabling environment major institutional changes during this period afforded to cities and local authorities were the were examined in detail, specifically: Burkina Faso, same as those used in 2012: (1) provisions in the Democratic Republic of the Congo, Kenya, the constitutional framework; (2) provisions in Mali, Morocco, Senegal, South Africa, Tunisia, the legislative framework; (3) provisions on local Uganda and Zimbabwe. A number of events deserve governance; (4) provisions on financial transfers particular attention. The constitutional reform in from the central government to the local authorities; Kenya has reorganised public governance into two (5) provisions concerning local authorities’ own spheres, the national level and the county level. revenues; (6) provisions on capacity building for There is also a constitutional reform underway in local authorities; (7) provisions on transparency in Tunisia but it has not yet implemented the new the operation and management of local authorities; provisions on decentralisation, which means that (8) provisions on citizen participation; (9) provisions local governments are still currently managed by regarding local government performance; and (10) special appointed delegations instead of elected the presence or absence of a national strategy to councils. A constitutional amendment in Zimbabwe manage urbanisation. has strengthened the role of local governments. Senegal has reformed its Act III on decentralisation. Next, the country descriptions were updated by Institutions in Burkina Faso have been reorganised examining the following questions: Is the information following the ‘Revolution’ which occurred after the provided on each country up-to-date and accurate? former President of the Republic left power, resulting Are any key elements missing from the descriptions in the implementation of new legislative and of the situation? 5 Assessing the Institutional Environment of Local Governments in Africa Local Governments in Africa 2015.indd 5 11/11/15 10:17 Finally, the reform proposals were updated based (AMN); Mr Annaïm Ouma Abderahman, Association on answers to the following questions: Are the Nationale des Communes du Tchad (ANCT); recommendations and proposed reforms consistent Mr Franck Ayessa and Mr Ted Wilfried N’kokolo, with the new situations described and the analyses Association des Municipalités du Congo (AMC); conducted? Are the proposed reforms relevant and Mr Ludovic Etoundi Essomba Many, Executive adequate to improve the enabling environment for Secretary, Communes et Villes Unies du Cameroun cities and local governments? Are these proposed (CVUC); Mr Jean-Baptiste Yohanabatiza, Association reforms presented in proper order of importance? Burundaise des Elus Locaux; Mr Housni Mohamed Are they sufficiently explicit to provide concrete Abdou Madi, Secretary General of Local Government, guidance as to what action to take? Comoros; Mr Habraham Shamumoyo, Association of Local Authorities of Tanzania (ALAT); Mr Ludo The drafting of the present report involved Matshameko, Mr Pheko Steve Mylon and Mr P. contributions from a number of individual consultants Taunyane, Botswana Association of Local Authorities who worked on re-writing the ratings for countries (BALA); Mr Sissay Dejen, Director, Ethiopian Cities’ that have undergone structural changes in their Network, Ethiopian Cities Association (ECA); Mr institutional environments. They are Mr Amagoin Gaston Oulai, Director of Economic and Financial Keita (Mali), Mr Somé Wahir Justin (Burkina Faso), Oversight for Local Governments, Ministry of the Ms Hinda Gafsi (Tunisia), Ms Najat Zarrouk (Morocco), Interior, Côte d’Ivoire; and Mr Eduardo Nguena, Mr Patrick Karenja (Kenya) and Mr Selesho Seldge Financial Director for the City of Maputo. (South Africa). Peer review of this report was provided by All updated ratings received feedback, criticism representatives of national associations of local and suggestions from the following people: Mr governments and the Ministries in charge of local Patrick Mutabwire, Ministry of Local Government governance. (Uganda); Mr Youssouf Diakhité, Association des Municipalités du Mali (AMM); Mr Arnos Sossou and The peer review of the present report also benefited Ms Georgette Djenontin, Association Nationale des from the expertise of two founding members of Cities Communes du Bénin (ANCB); Ms Rose Gamwera, Alliance: Deutsche Gesellschaft für Internationale Uganda Local Government Association (ULGA); Zusammenarbeit (GIZ) in Germany under the Mr Rodgers Morhentiy, Zimbabwe Local Government direction of Ms Anka Derichs and Ms Johanna Association (ZILGA); Mr Charles Chunga, Malawi Bade; and the French Ministry of Foreign Affairs Association of Local Governments (MALGA); Mr and International Development under the direction Maurice Mbolela, Local Government Association of.