The Executive Director of the Centre for Accountability and Rule of Law (CARL) has expressed concern over the reported lack of transparency by many local government councils throughout the country.
In an open letter to the Chairman of the Association of Local Councils in Sierra Leone, Ibrahim Tommy writes that contrary to the provisions of the Local Government Act of 2004, his organisation has received several complaints about the failure of councils to erect notice boards in their communities and update their constituents with revenues generated and how they are expended.
The letter says that nearly ten years since the law came into being “councils have not demonstrated a strong commitment to promoting citizens’ participation in local councils”. The full letter reads:
29th October, 2013
Open Letter to the Chairman of the Association of Local Councils in Sierra Leone
Dear Chairman Fofanah,
Let me start by congratulating you and members of the Port Loko District Council on your election as Chairman and councillors, respectively. I should also like to thank you for the strong efforts you are making to promote development within the Port Loko District. In particular, we deeply applaud your efforts, as the Chairman of the Association of Local Councils in Sierra Leone, in coordinating the activities of the nineteen local councils in the country. We are extremely impressed by the Association’s decision to convene a meeting for all your colleagues in Kenema this weekend to discuss ways of addressing the persisting challenges confronting the councils. We have no doubt that the convening of this meeting will help consolidate the gains made by councils so far, while at the same time responding to both emerging and persisting challenges relating to devolution, funding gaps, and capacity.
I am writing to you on behalf of the Centre for Accountability and Rule of Law (CARL-SL), an organisation that seeks to promote rule of law by monitoring justice and governance institutions, and a coalition of four Sierra Leonean organizations with regards the implementation of the Local Government Act 2004. Over the last couple of years, CARL and its partners have been working with various councils across the country to help foster transparency and citizen participation in governance. Thanks to funding from the Open Society Initiative for West Africa (OSIWA), the coalition has been involved in monitoring the implementation of Sections 107 and 108 of the Local Government Act 2004 in nine councils, including Freetown City Council, Western Rural District Council, Makeni City Council, Bombali District Council, Bo City Council, Bo District Council, Pujehun District Council, Kenema City Council and Kenema District Council. In 2013, CARL received a separate grant from the National Endowment for Democracy to implement pretty much a similar project in the Moyamba and Koinadu Districts.
Mr. Chairman, Section 107 of the Local Government Act places an unconditional obligation on local councils to ensure transparency and public participation in the administration of councils; specifically requiring that certain reports be posted on public notice boards. As outlined in the aforementioned section, the following should be published in “a conspicuous place on the premises of the council and on a notice board in each Ward for at least 21 days”:
- monthly statements of financial accounts; annual income and expenditure statements;
- inventories of assets of the local councils; bye-laws and notices relating to tax rates and
fees; minutes of council meetings; and development plans.
Regrettably, CARL-SL has received several complaints from residents and taxpayers in many wards regarding the councils’ failure to erect notice boards in their communities and update them with the full complement of information as required by section 107 of the Local Government Act. Promoting participation and citizens’ inclusion in local governance is a fundamental objective of the Local Government Act 2004, and the failure or refusal of councils to erect and post the aforementioned information on notice boards not only violates this Act, but also deprives citizens of their right to access important information necessary for wider public engagement.
We are also concerned that more than ten years after the law was passed, councils have not demonstrated a strong commitment to promoting citizens’ participation in local councils. Section 108 of the Local Government Act focuses on citizens’ participation in local government. One of the ways of fostering participation at the local level is to ensure the effective functioning of ward committees, which serve as the legitimate vehicle through which the views/concerns of locals can be conveyed to council administrators. Regrettably, CARL and its partners have discovered that elections for Ward Committees have not been held in most of the wards across our project communities. In the absence of Ward Committees, it is difficult to see genuine interaction take place between councillors and the people, and have the views or concerns of the people integrated in development processes. Essentially, there is limited interaction between councillors and the people.
Mr. Chairman, CARL fully understands that each council faces serious funding challenges, partly because of inadequate central government subvention and delays in transfer of grants. We also note the limited capacity of many local councils to generate revenue. Perhaps an even greater challenge is the general lack of commitment by many council administrators to keep members of the public regularly informed of their activities. This has created a deep sense of mistrust between communities and councils, which has somewhat affected revenue mobilization efforts.
We are pleased to note that some city councils have erected notice boards in all the wards, and have started providing updates, even if on a limited basis. CARL and its partners sincerely applaud the efforts of those councils, even as we urge them to do more.
As you meet this weekend – November 1 -2 , 2013, the Centre for Accountability and Rule of Law and its partners wish to implore you to use your good office to urge your colleagues to demonstrate greater commitment to the implementation of the Local Government Act 2004 by, among other things,
- Erecting notice boards and ensuring that such notice boards have the full complement of information required by section 107 of the Local Government Act.
- Ensuring that Ward Committees are elected in every ward
- Providing funds for councillors to participate in regular Ward meetings
- Promoting regular interaction between the public and the councils through radio discussions and community outreach sessions.
- In order to complement the limited central government subventions to councils, scale up internal revenue mobilization efforts and ensure that resources are used judiciously. Scaling up internal revenue mobilization and ensuring that resources are used judiciously in order to complement the limited central government subventions to councils.
- Ensuring that Communication Officers are recruited, and are given the required funds to provide regular updates on the activities of councils.
It is our sincere hope that you will encourage extensive discussions on these issues, and agree on some concrete action points for each council.
CARL and its partners have enjoyed working with councils, and will continuing supporting your work going forward.
Thank you.
Sincerely,
Ibrahim Tommy, Executive Director, Centre for Accountability and Rule of Law (CARL-SL)
(C) Politico 31/10/13
