Implementing Federalism Issues and Challenges Balananda Paudel ISSUES
Implementing Federalism: Issues and Challenges Balananda Paudel
ISSUES
Issue 1: Size and No. of local government 1. Balancing functional responsibility and minimum efficient scale 2. Balancing scale and proximity to the people 3. Feeling of loss of political power
Issue 2: Interrelation between Federation, State and Local Level • Hierarchical versus co-operative • Are local governments a hierarchical units of the provincial level or federation? • According to the constitution, each level has its own functions and responsibilities. • The relations between the federation, states and local level shall be based on the principles of cooperation, co-existence and co-ordination
Relationship management mechanism The relations between the Federation, States, and Local level shall be based on the principles of: • Cooperation • Co-existence • Coordination
Inter-State Council Constitution a) Prime Minister : Chairperson b) Minister of Home Affairs of GON : Member c) Minister of Finance of GON : Member d) Chief Ministers of concerned States : Member
Functions of Inter-State Council To settle political disputes arising between the federation and a state & between states
Inter-State Fiscal Council Inter-province Fiscal Management Act 2074 a) Minister of Finance (Go. N) Convener b) Minister of Finance (State) Member c) 14 selected representatives from state- Member (1 Male, 1 Female selected by the state from among the chairperson and vice-chairperson, mayor and deputy mayor) d) 3 Financial Experts - Member (The group of experts with at least 1 female to be selected by the federal ministry) e) Secretary, Ministry (Go. N) - Member Secretary
Functions of Inter-State Fiscal Council The council will advise the federation, state and the local level & facilitate their coordination on necessary subjects of inter-governmental fiscal management
Provincial Coordination Council Local Government Management Act a) b) c) d) e) Chief Ministers (State Government) Chief Secretary (State) Secretary (State Government) Chief and Deputy Chief - Convener Member ( of District Coordination Council within a Province) f) Rural municipality and municipality - Member (Chairman and Vice-chairman & Mayor and Deputy Mayors from within a state) g) Secretary (State Ministry overseeing local level) Member Secretary
Functions of Provincial Coordination Council The council will maintain coordination among the province and local level on subjects pertaining to - Functional harmonization - Strategic partnership in planning and management - Definition and implementation of concurrent rights - Utilization and allocation of natural resources
National Natural Resource and Fiscal Commission Management Act 2074 Provisions Coordination and Cooperation The commission can coordinate and cooperate with various constitutional bodies, the Government of Nepal, government agencies in local and provincial level or public agencies as needed
Role of 3 level of government 56 -6 The three levels shall protect - Nepal’s freedom, sovereignty, - territorial integrity, independence - national interest, overall development, - multi-party, competitive, democratic, republican, federal system of governance, - human rights and fundamental rights - rule of law, separation of powers and check and balance - egalitarian society based on pluralism and - equality, inclusive representation and identity
Issue 3: Determination of No. and Boundaries of Special, Protected and Autonomous Regions • Criteria set by the government were changed amidst the work • No. and boundaries of rural municipalities and municipalities were not public even during the last phases of the tenure of the commission • Availability of data posed a major constraint • Minorities and marginalized communities were not rigidly defined • The restructuring was to be done within the boundary of local level, district and province
Issue 3: Determination of No. and Boundaries of Special, Protected and Autonomous Regions • Boundary based structure and nonterritorial structure • Exclusive structure and proportional inclusive principle • Cultural, social and economic rights of the structure was ambiguous
Issue 4: Separation of powers and checks and balances • Executive, legislative and judicial wing of the local government shall be led by the same representative • The functioning and regulation of the local government comes under the purview of the following constitutional bodies: i. Commission for the Investigation of Abuse of Authority (CIAA) ii. Auditor General ( Regularity, economy, efficiency, effectiveness and the propriety) iii. Public Service Commission • Democratization of democracy
Issue 5: Clarity on Functional Assignment -(i) • Concurrent functions and exclusive functions • Exclusive functions at different level eg: Tourism fee
Allocation of power Schedule-5 Federation Schedule 7 Schedule-8 Local Schedule 9 Schedule-6 Province
• Federation • Province • Local EDUCATION Basic Health Basic and Secondary Education HEALTH AGRICULTURE Management of Agriculture Extension
Issue 5: Clarity on Functional Assignment -(ii) • Fundamental rights • International conventions • Directive principles, policies and obligations of the state
Issue 5: Clarity on Functional Assignment -(iii) • Exclusive function prevails over concurrent function • In case of same exclusive function among two levels, principle of subsidiarity to be applied • For division of concurrent function; – Federal level: National policy, national standards – Provincial level: Back office function, support function – Local level: Front line service delivery
Issue 6: Fiscal Federalism • Expenditure assignment • Revenue assignment • Inter-governmental fiscal transfer (Basis and Modality) – Equalization grant – Matching grant – Conditional grant – Special grant • Borrowing • Fiscal commission
Issue 7: Transitional Management ( Adjustment of Civil Servants) • Nepal government can adjust civil servants at federal, state and local level (302 -2) • Employee’s interest and institution’s interest • Issue of mobility of civil servants • Issue of benefits • Issue of previous local level staff and civil servants • Issue of knowledge, skill and attitude of employees • Capacity development programs No “ If and But”
Issue 7: Transition Management (Handover and take over) • • • Physical facilities Programs and projects Process/ Procedure Out standings Audit irregularities Handover to the elected government
Issue 7: Transition Management (Continuity of service and delivery) • Implemented by the government –From headquarters –From ward center
Issue 7: Transition Management (Clarity about Ward Service Centre) • This is service delivery unit not the governing unit • The role of ward committee regarding ward service Centre • Functions of Ward Service Centre • Service delivery unit below the Ward Service Centre
Issue 7: Transition Management (Risk Management) • Political risk – Contested political environment – Adversarial politics • Administrative risk – Poor capacity – Resistance – Inertia/ Legacy • Operational risk – Proper sequencing of transition – Lack of skill
Issue 8: Service Delivery Improvement Ward service center Service centre below the ward if necessary Local level headquarters Joint Service Arrangement Local level headquarters (i)
Issue 8: Service Delivery Improvement (ii) • Public administration cannot be transformed overnight • Multi-skilled and multi-tasked staffing • Smart civil servant • Efficient staffing • Continuous training • Training for all
Issue 9 Gerrymandering • Political Gerrymandering • Resource based Gerrymandering • Forest • Water • Land-fill site • Grazing land • Center based Gerrymandering • Cultural Gerrymandering (i)
Issue 9 (ii) Yarsagumba (Caterpillar fungus) based Gerrymandering(yarsamandering)
Issue 10 Provincial Headquarters
Issue 10 Provincial Headquarters Geographically Centroid Province 1: Dhankuta and Bhojpur Province 2: Mahottari and Sarlahi Province 3: Kathmandu Province 4: Kaski Province 5: Pyuthan and Dang Province 6: Jumla Province 7: Doti
Issue 11 Mindset • Different acts • Guidelines • Administrative decisions • Local governments’ perception
Issue 12 Twilight §Why this metaphor? – Past has not gone fully – New is yet to come • Twilight – Evening twilight(dusk) – Morning twilight(dawn) §What to do? – Worship – Do not eat – Destroy evil
Issue 13 National Natural Resources & Fiscal Commission • Political appointment • Lack of information
Issue 14 Focus of Media Reporting
Elected reps, govt staff in tug of war • Kathmandu, January 28. A few months ago, a secretary of a rural municipality was taken aback when the chair of the local level asked him to milk his buffalo, give it fodder and cook food for him. The secretary had gone to the rural municipality chair's house to discuss development issues, policy and programmes of the local level. Chair of the rural municipality, however, told him that he was busy as he was going to attend a function at his inlaws' house. He asked the secretary to wait until he returned. This made the secretary feel humiliated. This is just a representative case. In the last few months, clashes and tussles between elected representatives of the local levels and government officials have been reported from across the country. Some of the elected local representatives reportedly thrashed staffers for not obeying them. Employees serving at the local levels too complain that they are under intense pressure from elected representatives to breach the laws. “We turn the calendar at least once a month, but the elected representatives have not even once flipped through the guidelines since they took charge, ” an engineer at Kathmandu Metropolitan City told THT on condition of anonymity. He said representatives even pressurised them to approve designs of buildings in violation of the guidelines. “We have to be accountable, but they pressurise us to follow their directives, ” complained the engineer. .
Elected reps, govt staff in tug of war Kathmandu, January 28. Executive Officer at Lalitpur Metropolitan City Hari Prasad Dahal said local level staffers had been encountering a lot of challenges in changed context. “Both technical and administrative staff are having a hard time carrying out their duties, ” said Dahal, adding that local level staffers have to be accountable and follow rules and regulation. Dahal, however, said staffers at LMC did not encounter such problems. . Spokesperson at the Ministry of Federal Affairs and Local Development Rudra Singh Tamang said both elected representatives and government employees should try to adjust themselves in the changed circumstances. “They should understand each other's role and settle disputes, ” said Tamang. He said government employees had to be accountable to their duties and responsibilities. . Balananda Paudel, who was the chief of the now-defunct Local Level Restructuring Commission, said government employees should be loyal to the local government and elected representatives also should not make government staffers do their household chores. “Problems may arise as government employees ran the local levels for about 15 years, ” said Paudel. He also attributed the tussle between elected representatives and staffers to the government move to send employees on deputation in most of the places. “Government staffers do not feel obliged to obey elected representatives as they do not have to stay for long there, ” added Paudel. He said tussles between elected representatives and government employees could be resolved by organising orientation programmes and training.
Issue 15 Capacity – Individual • Functional • Technical Supply side – Organizational – Institutional – Societal Demand side
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