This bill relates to the General Code of Regional and Local Authorities (RLAs).
It has been prepared following the General Conference on Councils held on 6 and 7 February 2019 and the Major National Dialogue held in Yaounde from 30 September to 4 October 2019.
These two events afforded an opportunity to take stock of our decentralization process in general and the functioning of councils in particular. They also served as a framework for sharing best practices and proposing improvements to the legal and regulatory framework in force.
Therefore, the first advantage of this code is that it compiles all RLA-related laws in a single document.
Furthermore, it is concrete evidence of the Government’s determination to fast-track and deepen the decentralization process, strengthened by the recommendations of the General Conference on Councils and the Major National Dialogue.
The bill comprises 501 (five hundred and one) sections divided into 7 (seven) books. The first and last books deal respectively with the preliminary and miscellaneous, transitional and final provisions, while the others focus successively on the general framework of territorial decentralization, the status of local elected representatives, special rules applicable to councils and regions and, lastly, the financial regime of regional and local authorities.
Preliminary Book
In its preliminary provisions, the bill defines the purpose and scope of the General Code of Regional and Local Authorities.
From the outset, the bill specifies that the North-West and South-West Regions have a special status based on their linguistic specificity which is reflected in specific educational and legal systems which are managed under conditions laid down by special laws. It underscores the need to uphold national unity, territorial integrity and the primacy of the State, as well as the equality of dignity of regional and local authorities, none of which can exercise control over another. Lastly, it states that some local and regional authorities may benefit from tax and economic incentives to foster their development.
Book I: General Framework of Territorial Decentralization
Book I restates the main provisions of Law No. 2004/17 of 22 July 2004 on the Decentralization policy. It strengthens the principles relating to the guarantee of the free administration and functional autonomy of regional and local authorities.
In this vein, the principle of concurrent devolution of powers and resources to RLAs has been reaffirmed. To that end, the bill makes the powers devolved exclusive powers of the regional and local authorities. Government services may exercise such powers only under certain conditions. Additionally, the related financial resources are no longer included in the budgets of ministries, but allocated directly to councils.
The other innovation is the strengthening of citizen participation. This is reflected in the involvement of the population in all phases of the preparation and execution of budgets, programmes and projects and in the establishment of neighbourhood or village committees in councils.
Furthermore, the rules relating to State supervision have been reorganized, particularly by the substantial relaxation of the powers of administrative authorities, reduced to ensuring legality and providing advisory support, to the exclusion of any appraisal of opportuneness.
With a view to strengthening the financial capacities of RLAs, the bill provides that the portion of State revenue allocated to them as General Decentralization Grants may not be less than 15% (fifteen percent).
Book II: Status of the local elected official
Book II aims to strengthen the guarantees needed for the effective exercise of the mandate of local elected officials. It specifies the status and duties of local elected officials, the rights relating thereto in return for the obligations, the foremost being the obligation to be devoted to their duties and the residency obligation.
The bill also specifies the benefits enjoyed by local elected officials.
Book III: Rules applicable to Councils
Book III is a rewrite of Law No. 2004/18 of 22 July 2004 to lay down rules applicable to councils. It outlines some of the powers previously devolved, and proposes new powers. This concerns mainly the exploitation of non-concessible mineral substances, the development and implementation of specific municipal plans for risk prevention and emergency response in the event of disasters, recruitment and management of nurses and paramedical staff of integrated health centres and sub-divisional health centres, recruitment and management of preschool, primary and nursery school teachers, the creation and operation of recreational parks, and organization of socio-cultural events for recreational purposes.
This bill envisages a name change from City Council to “… City” preceded by the name of the agglomeration concerned. The Government Delegate will henceforth become ” Mayor of … City”, elected by the Councillors of the city council. He must hail from one of the sub-divisional councils of the City.
Book IV: Rules applicable to Regions
The provisions relating to the organization and functioning of Regions were guided by the same desire for precision and clarity. Although this local authority tier is not yet functional, its normative framework has also been reviewed, in view of the experience acquired from the management of Councils and the general governance issues of the country.
A major innovation in the organization and functioning of Regions is the creation of a waiver status for the North-West and South-West Regions, pursuant to the provisions of Article 62(2) of the Constitution and in accordance with the recommendations of the Major National Dialogue.
In this light, the bill establishes a special legal regime which, in addition to those recognized in other regions, confers on the North-West and South-West Regions powers deriving from their specificity. Such powers relate to participation in the development of national public policies relating to the English-speaking educational and justice subsystems, in accordance with the Common Law subsystem, the establishment and management of regional development missions, as well as the status of the traditional chieftaincy.
The other aspect of the specificity concerns the regional bodies which, in the North-West and South-West Regions, will be the Regional Assembly and the Regional Executive Council.
The Regional Assembly, which is the deliberative organ, is composed, as in the other regions, of ninety (90) regional councillors divided into two houses, namely the House of Divisional Representatives and the House of Chiefs.
Both houses meet on the same dates, separately or jointly depending on the agenda.
The House of Divisional Representatives, also chaired by the President of the Regional Executive, comprises seventy (70) members.
The House of Chiefs is chaired by the Vice-President of the Regional Executive and comprises twenty (20) members elected in accordance with the legislation in force.
The House of Chiefs gives its consent on issues relating to the traditional chiefdom, historical sites, monuments and vestiges, cultural and traditional events, oral tradition and the regional language map.
The Regional Executive is composed of a President, two (2) Secretaries, one (1) Questor and three (3) Commissioners responsible respectively for economic development, health and social development and educational, sports and cultural development. The President and Vice-President of the Regional Executive, who are personalities hailing from the Region, and the other members of the Regional Executive Council are elected from within the Regional Assembly for the duration of their term of office.
The President of the Regional Executive Council comes from the category of divisional representatives, while the Vice-President of the Regional Executive Council comes from the category of representatives of traditional rulers.
Lastly, another innovation introduced by the bill is the institution of a Public Independent Conciliator (PIC) in the North-West and South-West Regions. The Public Independent Conciliator is an independent authority responsible for receiving claims concerning the functioning of regional government services, local authorities and public enterprises and establishments in their relations with citizens, and ensuring observance of regional specificity in the area of use of the English language, the practice of Common Law and the implementation of the English-speaking educational subsystem.
The Public Independent Conciliator is designated by the President of the Republic, on the concerted proposal of the Regional Assembly and the representative of the State in the region concerned. A decree of the President of the Republic lays down the terms and conditions for discharging the duties of Public Independent Conciliator.
Book IV: Financial Regime of Regional and Local Authorities
The bill reinforces the mechanism for the financial empowerment of regional and local authorities and the resulting responsibility. Accordingly, it proposes a better definition of the rules for preparing, voting, executing and controlling budgets, as well as the involvement of the population in the process. It reaffirms the principle of separation of the duties of authorizing officer and accounting officer.
Book VI: Miscellaneous, Transitional and Final Provisions
The bill ends with Book VI which generally seeks to:
specify the deadline for entry into force of some provisions concerning municipal policing, recruitment budgeting, cost accounting and accrual accounting;
lay down conditions for forfeiture of a local or regional elected official who is member or non-member of an executive organ, subsequent to conviction for a crime or misdemeanour;
outline the transitional measures relating to the establishment of the local civil service as well as the transfer by the State of staff and movable and immovable property to local authorities in case of complete devolution of powers to the said authorities.
Such is the purport of this bill to institute the General Code of Regional and Local Authorities tabled before Parliament for consideration.