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71. 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

72. 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

73. 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

74. 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

75. Lebanon: Anger in Palestinian Refugee Camps Gives Rise to a New Mobilization for Dignity

Author:
Marie kortam
Publication Date:
08-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Those who visited Palestinian camps in Lebanon last month could not have missed a new upsurge in the popular mobilization on Palestinian streets. Their enthusiasm can be sensed in the spirits of the youth, their chants, and round-the-clock occupation of public spaces. This upsurge in mobilization was not only the result of the Lebanese Labour Minister’s implementation of his plan1 to combat businesses employing foreign labour without a permit – after giving them one month to regularize their situation.2 It was also the outcome of an accumulated sense of frustration, injustice, humiliation, indignation, deprivation and finally, anger that crystallized in these latest rounds of collective political action. The question then remains: why have Palestinians in Lebanon reached a breaking point at this stage, and why did the movement take this shape? There is no doubt that this anger accumulated gradually. First, it arose from the political-security arrangement for Palestinians in Lebanon, along with the historical absence of a socio-political contract with the Lebanese state. Second, it is the outcome of the deprivation, oppression, racism, and discrimination against Palestinian refugees in Lebanon, which was finally exacerbated by international resolutions hostile to the Palestinian cause, threatening the refugee cause and the right of return. Moreover, the economic situation of Palestinian refugees has deteriorated and was further compounded after the USA cut off its funding for the United Nations Relief and Works Agency for Palestine Refugees (UNRWA). However, alone these factors are not enough to fully explain this mobilization. These latest developments are also the product of a degree of practical awareness among the Palestinian youth and their discourse which explains their involvement in a movement demanding civil rights and an arrangement in which Palestinians are an agent of change against injustice. This movement is also proof of the existence of a new paradigm of the oppressed, who no longer identifies with the oppressors and becomes dependent on them, but instead seeks to break free from their oppression, and in so doing, spontaneously and effectively imposes a new social formula and project. This paper discusses the emergence of this popular mobilization and its transformation into a social movement, the challenges it has faced, and how its actors built a common framework for action to address their status as oppressed. It relies on field interviews – formal and informal – with actors and politicians, participatory observation, the analysis of organized groups, and contributions via WhatsApp and Facebook. The paper focuses on the movement in Ain al-Hilweh camp as one of the largest Palestinian refugee camps in Lebanon, with its political and security context that distinguishes it from other camps.
Topic:
United Nations, Diaspora, Social Movement, Refugees, Social Media, and Repression
Political Geography:
United States, Middle East, Israel, Palestine, and Lebanon

76. Who are the Candidates in Tunisia’s 2019 Presidential Elections?

Author:
Souha Drissi
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
With the death of President Beji Caid Essebsi on 25 July, Tunisia’s presidential elections were moved up and will be held on 15 September 2019. By the end of the eight-day process of accepting nominations – from 2 to 9 August – the Independent High Authority for Elections (IHAE) had received 971 requests for nomination which include 75 independents and 11 female candidates. On 31 August, the IHAE released the final list of candidates for the presidential race, accepting 26 nominees, including two women, and rejecting 71 applications for failing to meet candidacy requirements. The IHAE is considered one of the achievements of the 2011 Revolution. It is a nine-member permanent body based in Tunis which enjoys administrative and financial independence. Its mission is to “ensure democratic, pluralistic, fair and transparent elections and referendums”2 and supervise and oversee all related processes. The election campaigns started on 2 September and will continue until 13 September, with 17 September as the deadline for the announcement of the preliminary election results and 21 October for the announcement of the final results. In case of no absolute majority vote, a second round will be held after two weeks.3
Topic:
Politics, Elections, Democracy, and State Building
Political Geography:
Africa, North Africa, Tunisia, and Tunis

77. Who are the Candidates in Tunisia’s 2019 Presidential Elections?

Author:
Souha Drissi
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
With the death of President Beji Caid Essebsi on 25 July, Tunisia’s presidential elections were moved up and will be held on 15 September 2019. By the end of the eight-day process of accepting nominations – from 2 to 9 August – the Independent High Authority for Elections (IHAE) had received 971 requests for nomination which include 75 independents and 11 female candidates. On 31 August, the IHAE released the final list of candidates for the presidential race, accepting 26 nominees, including two women, and rejecting 71 applications for failing to meet candidacy requirements. The IHAE is considered one of the achievements of the 2011 Revolution. It is a nine-member permanent body based in Tunis which enjoys administrative and financial independence. Its mission is to “ensure democratic, pluralistic, fair and transparent elections and referendums”2 and supervise and oversee all related processes. The election campaigns started on 2 September and will continue until 13 September, with 17 September as the deadline for the announcement of the preliminary election results and 21 October for the announcement of the final results. In case of no absolute majority vote, a second round will be held after two weeks.3
Topic:
Politics, Elections, Democracy, and State Building
Political Geography:
Africa, North Africa, Tunisia, and Tunis

78. Tunisia’s Upcoming Challenge: Fixing the Economy Before It's Too Late

Author:
Ishac Diwan
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
During its first years of transition to a democratic order, Tunisia's efforts were predominantly focused on addressing political challenges. The performance of the country in this regard has been generally positive, as it has managed to consolidate democratic gains despite challenges related to the polarization of politics around identity and religious issues, the rise in insecurity related to attacks by extremist groups, and even the general disenchantment of voters for the existing political elites. However, the gains on the political front came at the expense of economic setbacks. One of the main challenges for the coming period will thus be largely economic. High unemployment, unfulfilled demands for social justice, the rise in corruption, and most importantly in the short term, an unsustainable macroeconomic trajectory, all threaten to upset recent political gains. If the upcoming administration does not address them, social discontent would endanger the hard-won democratic gains.
Topic:
Religion, Social Movement, Democracy, and Economic Policy
Political Geography:
Africa, North Africa, Tunisia, Mediterranean, and Tunis

79. 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

80. Twenty Days of Lebanese Protests: Between Continuity, Innovation and Uncertainty

Author:
Anis Chérif-Alami
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
This paper examines the uprisings that have been taking place in different parts of Lebanon since 17 October relying on direct observation of the protests and interviews with various participants. Acknowledging that the protest movement and the situation in Lebanon remain highly dynamic, it proposes some elements to better understand and contextualize the movement. Although Lebanon generally avoided the wave of protests that swept the Arab world in 2011, there were early attempts to criticize the sectarian system and dysfunctional public services. The paper outlines what current events owe to a recent history of protests in Lebanon, in particular, the short-lived 2011 protests demanding the fall of the sectarian regime and the 2015 “you stink” movement (Tala’at Rihatkum) which denounced the public mismanagement of garbage and called for accountability for political corruption. While the current protests have some roots in past citizens’ activism, it is also clear that there are new aspects that continue to evolve as protesters experiment day by day with new ways of doing politics.
Topic:
Corruption, Social Movement, Political Activism, Arab Spring, and Protests
Political Geography:
Middle East, Lebanon, and Beirut