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31. Unpacking Decentralization: Improving How States and Regions in Myanmar Issue Artisanal and Small-Scale Mining Permits

Author:
Sebastian Sahla and Hosana Chay
Publication Date:
10-2019
Content Type:
Special Report
Institution:
Natural Resource Governance Institute
Abstract:
Recent reforms in Myanmar’s mining sector have given greater powers to states and regions. Following regulatory changes in 2018, the responsibility for issuing permits for artisanal and small-scale mines has shifted from the capital Nay Pyi Taw to state- and region-level boards. Decentralization could be an opportunity to improve governance of Myanmar’s mining sector. Most artisanal and small-scale miners currently operate without permits. By reducing the physical distance that they need to travel to get a permit, decentralization could make it easier to operate legally. Legal title could strengthen livelihoods while helping the government to monitor mining activities. Decentralization in mining is also part of a broader shift to empower subnational stakeholders. It is an important element of Myanmar’s political transition and attempts to end decades of civil conflict. However, there are major challenges around how the government is implementing decentralization. States and regions have new responsibilities but not necessarily the experience and skills to fulfil them effectively. As a result, decentralization could drive mismanagement and corruption, exacerbate environmental and social impacts, and generate conflicts with large-scale mining. The authors of this report find that at present the potential benefits of decentralization could go unrealized.
Topic:
Natural Resources, Mining, and Decentralization
Political Geography:
Southeast Asia and Myanmar

32. Decentralization in Morocco: Promising Legal Reforms with Uncertain Impact

Author:
Lamia Zaki
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
In the wake of the Arab Spring, Morocco witnessed street protests demanding, among other things, for the “King to reign but not to rule”. Adopted by referendum on 1 July 2011, the latest Moroccan Constitution was prepared through a year-long participatory process led by a consultative commission. Although it did not fundamentally change the balance of powers at the highest levels of the State, it gave a new impulse to the decentralization process. Article 1 of the new Constitution states “the territorial organization of the Kingdom is decentralized”. It also enshrines the two principles of “free administration” of Local Governments (LGs) and subsidiarity and aims at reinforcing transparency, citizen participation, and governance. The new Constitution has also introduced the principle of “advanced regionalization” to make regions, in addition to municipalities, key levels of LGs in Morocco. In 2015, three Organic Laws (OLs) were issued to specify and operationalize the spirit of the Constitution at the municipal, regional, and prefectural levels.1 The decentralization process has quite a long history in Morocco. It has consistently been put at the core of the policy agenda for several decades and represented an important research topic for many observers of the political scene. Three different analytical perspectives have been put forward (in conjunction with contextual factors) to explain why and with what consequences decentralization has been put at the core of the policy agenda. The first points to the authoritarian management of LGs, based on the alliance built after independence between the monarchy and rural elites to counter the influence of urban and partisan elites.2 Using sophisticated tools (including postponing elections, successively reorganizing electoral maps, increasing the role of deconcentrated authorities), this approach led to the creation of domesticated local elites. Behind the decentralization reforms initiated through municipal charters of 1960 and 1976, researchers have pointed at the centralized and often brutal management of the Moroccan territory and of cities in particular in a context of rapid urban growth.3 A second analytical perspective highlights how decentralization has been presented and used since the 1990s by the Moroccan government as a tool to implement “democratization reforms”. The relative opening up of the political field in the late 1990s and early 2000s led to the emergence of new elites in different fields (entrepreneurship,4 real estate,5 partisan field,6 civil society,7 etc.), who have used their local base to claim rights and/or a political role at the local or national level. The third analytical perspective links decentralization to (“good”) governance reforms that focus more on the rationalization of resources, effective investment and the respect of management rules to promote local development rather than on representative democracy.8 By 2011, Moroccan municipalities were already entrusted with a wide range of mandates pertaining to the creation and management of a wide range of key services.9 Studies have shown how municipalities lack the financial and technical means to implement their missions and remain subject to the strong control of central and deconcentrated authorities.10 Yet other research has also highlighted the impact of these reforms on local notabilities and mobilization. The development of Hirak al-Rif, a protest movement born in Northern Morocco in 2016 and focused on demands for local and regional development, shows that the issue of local policies and decentralization remain at the core of the political agenda in a post-Arab Spring era. This article closely examines the recent legal reforms (2011 Constitution and Organic Laws) and looks at the technical and normative arrangements that have been developed in the wake of the Arab Spring to promote decentralization both at the municipal and regional levels. This approach has hardly been used, yet these often-neglected technical arrangements are the fruit of a bargaining process and have a direct political effect. I will show below that beyond the reforms brought by the Constitution and OLs to encourage local democracy and ensure more autonomy for LGs, important uncertainties remain as to their effective implementation on the ground. In addition to the lack of financial resources, the lack of a clear framework and implementing provisions explain that these legal changes remain largely theoretical (despite the fact that about 40 decrees and circulars that have been produced by the Directorate General for Local Governments (DGCL) at the Ministry of Interior to allow for the effective enforcement of the reforms). Contrary to many studies which consider deconcentration (i.e. administrative decentralization)11 as a way to neutralize decentralization reforms, 12 I will also argue that the deconcentration reforms simultaneously initiated with the “régionalisation avancée” (advanced regionalization) could enhance the scope and impact of the decentralization reforms in Morocco.
Topic:
Social Movement, Arab Spring, Protests, and Decentralization
Political Geography:
Africa, North Africa, Morocco, and Rabat

33. The Tunisian Experience of Decentralization Since 2014

Author:
Lotfi Tarchouna
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
In order for decentralization to be effective and lead to greater equality in development and political engagement, both processes of codification (i.e. enshrining provisions in the constitution) and operationalization must be guided by strong legal and political foundations, principles and structures. The paper discusses the Tunisian experience of decentralization since the adoption of the 2014 Constitution that described the Tunisian state as a unitary state and enshrined administrative decentralization, thus consolidating the Tunisian decentralized state. It argues that after the fall of Ben Ali, decentralization was seen as a way to preserve the integrity of the unitary state in Tunisia while introducing instruments of participative democracy through a reinvigorated decentralization process. First, it presents the legal and political foundations for decentralization and the new structures that were set up to implement it. Second, the paper addresses the fiscal and logistical challenges of implementation, the importance of collective civil society engagement in decentralized structures and concludes with recommendations and lessons learned from this experience in a country that recently experienced democratic transition.
Topic:
Democracy, State Building, Decentralization, and Engagement
Political Geography:
Africa, North Africa, Tunisia, Mediterranean, and Tunis

34. Exploring the Rationale for Decentralization in Iraq and its Constraints

Author:
Ali Al-Mawlawi
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The decentralization agenda emerged in Iraq after 2003 as an imperative to create an internal balance of power that would mitigate against the rise of another authoritarian regime. By exploring the political motivations and calculations of elites, this paper sheds light on why devolution of powers to sub-national entities failed to bring about meaningful change to the daily lives of ordinary Iraqis. While administrative authorities have been largely devolved, fiscal decentralization lags due to resistance from concerned central authorities, leaving sub-national actors with limited capacity to exercise their newly afforded powers.
Topic:
Authoritarianism, State Formation, State Building, and Decentralization
Political Geography:
United States, Iraq, Middle East, and Baghdad

35. A Safe Path for Democratic Decentralization in Syria

Author:
Bassma Kodmani
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Before the Syrian uprising morphed into a full-scale war, Syria was probably the most authoritarian regime in the Arab region, unequalled in the scale of its repressive practices except by the Iraqi regime of Saddam Hussein. Authoritarianism is hardly compatible with decentralization. An authoritarian government’s key concern is to spread the tentacles of its surveillance apparatus across all regions in order to exert full control over the lives of the citizens. A process of decentralization – in which power is genuinely devolved – is practically impossible, therefore, in an authoritarian system of governance. Yet equating centralization with authoritarianism and decentralization with democracy is an assertion that deserves discussion. Some democracies have functioned in a highly centralized manner. Perhaps, one of the best-known examples is France (on which the Syrian state was modelled) that remained highly centralized since the early days of the state formation almost 1000 years ago. The French revolution of 1789 upheld freedom and equality and announced a democratic system. The very idea of decentralization was rejected at the time in the name of equality understood as uniformity. Yet even France found it necessary to engage in some form of decentralization. Since the early 1980s, it engaged in a process of decentralization, mainly for administrative and financial efficiency. Although it continued to consider identity politics as dangerous for the unity of the nation, it was forced to concede to one particular identity-driven demand, that of the Corsicans, by designing a special status for the island.1 And decentralized systems do not necessarily produce democratic or more representative systems. Mexico is a case in point. Although it was always a federation, its political system remained a one-party rule for some seventy years before it transitioned to democracy in the early 2000s. Decentralization and democracy are, therefore, not inherently inseparable. However, a centralized system, even if democratic, inevitably reduces and often denies the specific identity of certain groups within society. It might operate in a democratic manner when national identity is homogeneous, but the world is composed of states where homogeneity is an exception. In diverse societies such as those of the Middle Eastern countries, centralization together with the demagogic discourse of authoritarian regimes using national cohesion as a pretext and brandishing foreign interference as a permanent threat, have served to deny diversity and basic rights of both individual citizens and specific communities. Syrian society faces a historic challenge and possibly an existential one: it needs to craft a model of decentralization as part of a new social contract while its national institutions are all but failing and its regional environment challenges the integrity of its territory and its sovereignty. Given the uncertainty shrouding the future of Syria, the paper is organized in two parts. The first lays out the discussion about decentralization based on the current reality of the Syrian regime in a scenario in which it regains control after having lived through nine years of gradual foundering of state institutions. The second part considers options for a new decentralized order in a context of democratic political transition. This is not to say that the first option is viable while the second is an ideal order for a fictitious future. On the contrary, the paper shows that the destruction of state institutions is a reality and a consequence of the conflict, that violence and other forms of resistance will continue, and that peace cannot be brought to the country under the existing political system. The second option is, therefore, a necessity which Syrians will need to define with the support of the international community. The paper lays out the process with concrete steps for achieving democratic decentralization.
Topic:
Fragile/Failed State, Democracy, Decentralization, and Regionalism
Political Geography:
Middle East, Syria, and Damascus

36. A Strong Central State: A Prerequisite for Effective Local Governance in Yemen

Author:
Osamah Al-Rawhani
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Local governance has been viewed by academics, analysts and some political leaders in Yemen as a panacea to redress the excessive control of the central government, bring the state closer to its citizens and provide those citizens with socio-economic and political stability. Federalism, as a form of local governance, was adopted at the end of the National Dialogue Conference in 2013-2014, although there were disagreements over the number of regions and the federal map. It was posited as a viable vehicle for power-sharing and decentralization in Yemen and is considered a likely outcome after the conflict. However, there are several prerequisites for the effective devolution of power that are not yet in place in Yemen, most prominently the existence of strong consolidated central institutions. In short: it is a mistake to view federalism as a means of achieving stability, rather than a future goal once stability has been achieved.
Topic:
Democracy, State Formation, Decentralization, and Federalism
Political Geography:
Middle East, Yemen, Saudi Arabia, UAE, and Sana'a

37. Decentralisation in Uganda: Trends, Achievements, Challenges and Proposals for Consolidation

Author:
Elijah Mushemeza
Publication Date:
01-2019
Content Type:
Research Paper
Institution:
Advocates Coalition for Development and Environment (ACODE)
Abstract:
This report examines the inception and implementation of the decentralisation policy in Uganda and proposes somes reforms. It is an outcome of a comprehensive study of how the decentralisation policy was implemented. It seeks to appraise the practice in terms of achievements and challenges in the legal, policy, and institutional framework. Uganda conceptualised the decentralisation policy and programmes to: build democratic governance, responsive and accountable to the public; and promote capacity building at the local level. This was to be achieved by introducing local choices into the delivery of services, and fostering a sense of local ownership. From this perspective, decentralisation was for better services delivery to the people. It was also hoped that once decentralisation was undertaken by government, the local populace would own up government programmes. They would be more willing to participate and possibly contribute to the design and implementation of such programmes and even be ready to pay taxes. The decentralisation policy continues to be relevant for democratisation and political out reach. Nonetheless, study findings show that the decentralisation policy has suffered adverse financing constraints and several other challenges discussed here.
Topic:
Development, Governance, Decentralization, and Capacity Building
Political Geography:
Uganda and Africa

38. The State and Local Self-Government. Territorial Organization of the State

Author:
Radoslaw Kaminski
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
Local self-government constitutes a part of executive power in the state, with the state’s law underlying its functioning. Local government remains under the state’s supervision, representing a form of the political system within the decentralized public administration. 2018 marks 20 years of the functioning of local self-government based on a three-tier structure. The aim of the paper is an attempt at finding the answer to the question whether or not the organizational solutions adopted by the legislator and established in practice need to undergo reforms and if so, to what extent? The question thus formulated relates directly to the argument that the organization of local government system is not sound while the criteria assumed in the territorial breakdown of the local government organization do not correspond to the conditions in which those units operate, and therefore what appears necessary is for the system to be reorganized and the number of units at individual tiers to be reduced. The paper presents selected problems of the local administration in the context of a systemic organization and suggest possible (or necessary) changes which, in the author’s view, should become a subject of discussion (and in practice are such) between local selfgovernment and government administration.
Topic:
Governance, Reform, Local, Decentralization, Federalism, and Territory
Political Geography:
Global Focus

39. Local Self-Governments as New Actors in the International Stage. The Scope of the Issue

Author:
Stanisław Falinski
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The aim of the article is to present, in a short and a synthetic form, self-governments as new actors on the international arena. Discussed are the genesis and the development of this new international activities being undertaken by local residential areas such as the “twinning movement” and the programme for establishing “sister cities”. Briefly described are the key international organizations focused on the local self-governance. Discussed is also, in a relative detail, is the cooperation of the Polish self-governance entities with local self-governance partners within the international sphere. The author concludes by attempting to define the scope and importance of the international cooperation of local self-governance entities in general and its impact on the individual participating partners.
Topic:
International Cooperation, Governance, Local, Decentralization, and Federalism
Political Geography:
Global Focus

40. The Results of 2019 Parliamentary Elections in the Perspective of 2018 Local Government Elections

Author:
Szymon Gajewski
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The analysis of the results of the elections to regional parliaments of 2018 allows to take a closer look at the current political preferences of the electorate one year before the parliamentary elections. The distribution of support for political parties in individual provinces shows that Law and Justice (PiS) enjoys constant, high and stable support, which will most likely allow this party to extend mandate to rule the country for the next 4 years. The largest opposition party, the Civic Platform (PO), sees the chances of victory in uniting further opposition groups around itself. The common start with Nowoczesna under the name of the Citizens’ Coalition (KO) did not meet the expectations. However, the distribution of support in the local government elections showed that the actions consolidating the opposition are currently the only chance to fight a leveled electoral fight with Law and Justice (PiS).
Topic:
Government, Elections, Local, Decentralization, and Parliamentarism
Political Geography:
Europe and Poland