New-generation university collage

Assignment
Centre for Excellence
Home Taken
To:

Prof. Mustafe Khalili

Department:
01-15

GS IR

Date: 31-

Program Regular/Degree
Course Title:

Decentralization Course

Assignment title:
decentralization

Somaliland political development and

Students Names:
1.
2.
3.
4.
5.

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Summary,
Dear Professor Al-Khaliili,
Greetings, we would like to thank you for your highly initiative
encouragement and brainstorming upgrading to find more about the
course of decentralization to understand well and do practice for this
course
However, we investigated for the decentralization of Somaliland to
understand deeply the Requirements of the assignment then we
started to prepare and find more information that about the
Assignment, we do hard work, more investigation, reading, writing and
brainstorming to discover the main point and research of the

assignment requirement through active and effective method of data

collection, information sharing and agreed the assignment validation
on time
Contents:
I.
II.
III.
IV.
V.
VI.
VII.
VIII.

The big picture of Somaliland Decentralization

The Concept of Decentralization
Types of Responsibility and accountability
Evaluating Investment
Advantages/Disadvantages of Decentralization
Recommendations
Conclusion
References

The big of Somaliland Decentralization

Actors
Democracy

Institutions
Parties

The Concept of Somaliland Decentralization

Understanding of decentralization the meaning of decentralization may
vary in part because of the different ways it is applied. Concepts
of decentralization have powers of governance within its own
administrative areas that have been decentralized to it by the central
government through the local governments In Somaliland, it traditionally
these tasks to oversee this process and practices Somaliland Constitution
Decentralization Bases Law for The structure of the state shall consist of
three branches which are: the legislative, the executive and the judiciary.
The separation of the powers of these branches shall be as set out in the
Constitution. Each branch shall exercise independently the exclusive powers
accorded to it under the Constitution.

Article 90: The Powers of the President

The President is the Head of the nation and the state, and is the symbol of
the unity of the citizens of the Republic of Somaliland. He is responsible for
the care of the nations resources, the protection of the peace, the
advancement of the society and the proper conduct of the administration of
the state. In order to fulfil these responsibilities, the President shall have the
following powers:
The Judicial Branch shall fulfill it duties in accordance with the Constitution,
and shall be independent of the other branches of the state.
Article 98:
1. The Judiciary shall have the power to:
a) interpret, in accordance with the Constitution, the laws passed by the
Constitutional bodies and emergency laws;
b) adjudicate on disputes between the governmental bodies and the public
and between the members of the public;

c) adjudicate on all disputes which relate to compliance with the provisions

of the Constitution
2. A judge shall not engage in any other occupation whilst in office[181].
3. The proper status of judges shall be determined by the law[182].
Article 99: The Structure of the Judiciary
1. The Judiciary consists of the courts and the Procuracy[183].
2. The judges and the members of the Procuracy are independent when
exercising their judicial functions and shall be guided only by the law.
Article 100: The Courts
The courts of the Republic of Somaliland shall consist of:
1. the Supreme Court;
2. the Appeal Courts of the Regions;
3. the Regional Courts;
4. the District Courts; and
5. the Courts of the National Armed Forces

The legislative, executive and judicial branches of the state and the local
government of the regions and the districts of the Republic of Somaliland, of
all levels, shall be bound by the provisions of this Part, If the regions and
districts fail to set up their councils within 3 (three) months, the Government,
in consultation with the relevant members of the Houses of Representatives
and Elders who represent these regions or districts and also with the elders
in these communities, shall appoint, on a temporary basis, regional and
district administrators

Prosperity
Growth
Economic
Freedom
Social Capital
Infrastructure

Evaluating Investment
SOMALILAND LOCAL GOVERNMENT DECENTRALIZED PROGRAMS
In Somaliland, the constitution adopted in 2001, lays down the legal
framework for decentralization. The President appointed champion for local
governance, Vice President Abdirahman Abdillahi Ismail Sayli, described how
decentralization brings a tangible change in the lives of citizens, by bringing
government and its services closer to them. To support these efforts, JLPG is
being implemented in Somaliland by ILO, UNCDF, UNDP, UN-Habitat, UNICEF
and Somalilands administration. Currently, JPLG is working with 7 districts
(Berbera, Boroma, Burao, Gabiley, Hargeisa, Odweine, and Sheikh) to

increase civil servants capacity, while developing processes and systems

that more effectively deliver services to their constituents.
The UN Joint Programme on Local Governance and Decentralized Service
Delivery (JPLG) aims to strengthen local governance and enhance
decentralized services in Somaliland. The JPLG coordinates its work with
central and local governments, five UN partner agencies (ILO, UNCDF, UNDP,
UN Habitat, and UNICEF), numerous development partners, as well as the
private sector and communities. Activities are financed by Denmark, DFID,
EU, SIDA and Switzerland.
JPLG is working with 7 districts (Berbera, Boroma, Burao, Gabiley, Hargeisa,
Odweine, and Sheikh) to increase civil servants capacity, while developing
processes and systems that more effectively deliver services to their
constituents.The JPLG is helping Somalilands administration to develop fora
for citizens to engage in policy formulation, as well as systems that help
prioritize projects while developing local partnerships for their
implementation, To support this process, the Vice-President has identified
and appointed seven ministers to form an Inter-Ministerial Committee on
Local Governance (IMCLG). Amongst a broad range of solutions, the JPLG is
providing technical support to the IMCLG to help promote and develop local
governance through an effective decentralization process In order to create
public awareness on this process, Somalilands administration has produced
a film on decentralization, highlighting citizens experience of local
governance and service delivery, and the hopes they and civil servants have
for increased empowerment of local government.
With continued improvement to deliver services to citizens, the previous Vice
Minister of Interior and member of the IMCLG, Osman Garad Soofe, said the
people of Somaliland are expected, once services are decentralized and
brought within their reach, to embrace it wholeheartedly as well as the
Minister of National Planning and Development, Dr Saad Ali Shire, also a
member of the IMCLG, stated that the decentralization process will bring
citizens closer to government decision-making and, as a result, they will be
greater enabled to hold local authorities to account.
However, Many community members are active in supporting the
development of infrastructure and systems that enhance local authorities
responsiveness to the needs of the communities it serves. In one such case,
land was designated by the local government of Hargeisa for economic
development and led to the creation of a central market. A market vendor
for cereals who has benefited from this initiative such as lady named Shuun
Jirde Cali, Chairperson for vegetable sellers in Hargeisa, has also experienced
the benefits of local government working closer with the communities they

serve. She said that the public now has direct access to local authorities and
can speak with officials to make sure their needs are addressed.
The Ministry of Interiors Director General, Abdisamad Maal, emphasized the
role of the ministry in providing quality assurance for the delivery of services
by local government to all communities across Somaliland, The JPLG is
helping Somalilands administration to achieve these goals by developing
fora for citizens to engage in policy formulation, as well as systems that help
prioritize projects while developing partnerships (such as the IMCLG) for their
implementation for the central and local governments have made immense
progress through their decentralization efforts. The creation of the IMCLG
represents a great step in the right direction and is leading Somalilands
administration and its citizens into the next generation of good governance
and responsible service delivery.

Alex Meland
Local Governance Specialist
Advantages of Decentralization
Good governance.
Mutual accountability, respect and tolerance.
Gender equality.
Youth participation.
Productivity
Youth investment
Community decision making and active participation levels of
administration
Suppuration of power and law practices
Facilitate diversification
Executive development and supervision
Better information, leading to superior decisions.
Faster response to changing circumstances.
Increased motivation of the community and leadership style
Excellent training for future for all level executives.

Reinforcing education and skills development;

Fostering employment creation and economic development;
Promoting healthy lifestyles;
Enhancing youth participation and citizenship
Promoting gender equity and empowering young women
Security and Peace
Ensuring justice and Juvenile Delinquency
Protecting the environment
Sports and Recreation
Information Technology & Globalization
Arts and Culture
Immigration and Diaspora.

Disadvantages of Decentralization
Conflicts between the Central Government and local governments
Land conflicts
Tribalism increases
Law quality human resource
Corruption
Drags increases
Strong political interest among the
youth
Economical crises
Illegal immigration
Weak of quality education
Poverty
Inadequate of Skill training
Lack of quick decision making
Inadequate cooperation
More financial burden

SOMALILAND LOCAL GOVERNMENT LAWS

Updating - April 2012...
The Current Principal Decentralization of
Local Government Law

The main law governing Somaliland local government is the Regions &
Districts (Self Management) Law (Law No: 23/2002) which has been
added to extensively in 2007, but retained the same title and number. The
amended Law titled in Somali, Xeerka Ismaamulka Gobolada iyo
Degmooyinka (Xeerka Lr. 23/2002) as signed by the President (Decree No.
283/2007) runs into 104 Articles. An English language translation of this
amended Law is not yet available, but the headings of all the articles of the
Law is available here in English..

The 2002 Law (as amended) confirms that the country is divided into six
regions, which contain a number of districts each. Districts, in turn, contain
villages. The Regional Councils are not elected, but include the elected
Mayors of the districts in each region. District councils (graded A to C under
this Law) are, however, elected under the procedures laid down in
thePresidential and Local Elections Law. District Councils graded D and
awaiting assessment and confirmation by Parliament have nominated
councils. Village councils are nominated by the elders and other prominent
persons of the villages and are appointed by the District Councils.

A summary of the status of all the regions and districts shall be available
shortly. The extra new 6 regions and 16 districts created by Presidential
Decree in 2008 have not been approved by Parliament and are, in line with
the presidential decrees, still disregarded for electoral purposes (see
Somaliland Law .com 2008 commentary on these Presidential Decrees
-Somaliland Local Government Re-organisation through Presidential
Decrees in an Election Year.
... (to be updated shortly)

Background

During the years of the Protectorate and the short independent State of
Somaliland, the main law governing local government was the Local
Government Ordinance 1953 (Ordinance No. 1 of 1953) but the first
district advisory councils were established in 1951 when Town councils
responsible for the collection of local revenue were introduced. These were
given powers to administer local services in 1953, but met with some
opposition, apparently because of the unpopularity of local taxes. Councils
levied property taxes (rates) and land rents and fees. There were six
principal districts (which, even now, form the six regions of
Somaliland) each headed by a District Commissioner. Other than the
capital, Hargeisa, each such district council covered the whole district.
Some of the councillors were elected and others were appointed and the
executive responsibility of the council was exercised mainly by an appointed
full time executive officer, subject to the policies laid down by the Councils
and their committees.

There was also the Local Authorities Ordinance 1950 (Ordinance No. 8 of
1950), but that dealt with the role of Akils or traditional clan leaders who
opposed the system as they saw it as a diminution of their customary role.
The changes were, however, gradual and initially involved the appointment
of salaries Akils. The Ordinance empowered some of the Akils to assist the
administration (i.e the District Commissioner) in maintaining law and order,
enforcing, when feasible, orders and regulations and, above all, in bringing to
justice persons of the Akils clans who committed crimes. The system of
Akils still exists and has even thrived in Somaliland during the last 15 years,
but it has no legal role in the local or central governmental structures, except
in so far as both the Ministry of Internal Affairs and local authorities work
with them closely in keeping the peace between the communities, which
they have excelled in Somaliland. The Akils have now their own nonstatutory forum known as the Sultans Council. (For more information on the
relationship between the Sultans/Akils and the local/central government, see
the Law on the Structure of the Ministry of Internal Affairs and the
Administration of Regions and Districts 1993).

After the the union with Somalia on 1 July 1960, the Somaliland territory
consisted of two regions (referred to the Northern Regions) and Somalia

consisted of six regions (the Southern Regions) - Law No: 14 of 14/06/1962.

Each region was headed by a Governor who was appointed by the Minister of
Interior. In 1963 the Local Administration and Local Council Elections Law
(Law No: 19 of 14/08/1963) set out the functions and structures of the local
district councils and the current Somaliland Regions and Districts Law is
broadly based on this Law. The first local council election under this Law
took place in November 1963. The democratic structures of the local
government came to an end abruptly with military coup in 1969.

On re-assertion of its independence in 1991, Somaliland started to rebuild its

local democracy. Article 22 of the Somaliland National Charter 1993
emphasised the importance of the need to build democratic local councils in
all the districts and the regions and this was echoed in the 1997 Interim
Constitution - the provisions relating to local government are now set out
inArticle 109 to 112 of the Somaliland Constitution. Prior to the 2002
Regions and Districts Law, the main Law which governed local authorities in
Somaliland was the the Law on the Structure of the Ministry of Internal
Affairs and the Administration of the Regions and Districts 1993.

the first direct elections of district councils throughout Somaliland (since the
mid 1960s) were held in December 2002. Although these elections took
place everywhere, the lack demarcation of boundaries of the smaller Grade
D districts meant that no councils were elected for them and their mayors
are still appointed directly by the Minister of Interior. The next (postponed)
elections are now due to be held in 2012.

RECOMANDATIONS
What decentralization process we need to improve
Rule of Law
Democracy and Governance
C. Economic Growth and Stabilization
D. Health and Social Issues
Identification of areas need to improvement
Responsibility Accounting
Service departments Government Performance

Transfer Pricing and Income Taxes Management

Anti-Corruption

Conclusion:

References: