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LOCAL BODIES
In A Limbo
As the whole concentration of the government, political parties, parliament, civil society and the Maoists is on the central-level political issues, the local bodies have been forced to survive in a state of limbo for the past several years. Even after the restoration of Loktantra and despite wide public expectations for efficient and accountable service delivery, the local bodies – which are the primary vehicles of delivering service to the people – are still run by bureaucrats in an ad hoc manner. As the Maoists have clearly spelt out that they would not accept the restoration of elected representatives in local bodies, the only other viable alternative of forming appropriate political coalitions to run those bodies, too, has not been explored seriously. This has led to a situation where the public frustration is growing at the apparent lack of service delivery and development efforts. Since local bodies are the primary machineries to deliver service to the people, their absence or their failure could result in building of dangerous public perception that could prove counter productive to the nation
By SANJAYA DHAKAL
More than three months after the restoration of Loktantra and announcement of ceasefire, the relative tranquility at the center has not translated into the same at the local level. There are numerous instances where the Village Development Committee (VDC) secretaries are still running the local bodies from the district headquarters.
“Neither the seven parties’ leaders have made efforts to create the environment of understanding in the districts nor the Maoists have abided by the understanding reached at the central level. Therefore, we are not able to go back to VDCs,” said Hari Gautam, secretary of Mahendrakot VDC in Kapilbastu district. (Kantipur, August 7)
The instance in Kapilbastu is not an exception. Similar situation is rampant in many villages across the country.
During the time of agitation, the seven parties had expressed their willingness to restore the local bodies. However, once they formed government after the success of Jana Andolan, they could not keep their promise since the Maoists expressly threatened to walk out of peace process if the local bodies were restored.
As a result, even after one of the most vocal supporters of the restoration of local bodies Rajendra Pandey was made the Minister for Local Development, the issue remained unaddressed. In fact, going one step backwards, the Loktantrik government sacked all the elected officials of municipalities – who were elected through the dubious municipal polls held by royal regime in February – and replaced them with bureaucrats.
Furthermore, the government that had appointed the bureaucrats to run the local bodies till mid-July has not made another decision whether to extend their tenure or replace them with another model rendering the current situation as the worst form of ad hocism.
“There is a situation of total lack of representation. There is a situation of continued conflict at local level with VDC secretaries not allowed to enter into villages in many places. Even in places where they are allowed, the Maoists have asked them to follow their directives,” said Pradeep Thapaliya, executive director of National Association of VDCs in Nepal (NAVIN).
He added that the persisting lack of representatives at the local bodies could deal a bloody blow to the whole credibility of local democracy. “For the past four/five years, people have been living without elected representatives. This could instill a dangerous thinking that the country can run without them,” Thapaliya said. He also expressed grave concern over the trend of ‘mobilizing community’ in every effort. “Local development is an integrated discipline. If forest users go their own way; road users go their own way; water users go their own way and so on, what will be left for local representatives who are elected to develop their region?”
Voicing the position of civil society organization, Krishna Man Pradhan, president of Rural Development Foundation (RDF) – an NGO that is actively working in the field of decentralization and devolution – said that the current situation of uncertainty has hurt the overall development of the nation. “At a time when efforts should have been made to build a new Nepal , the entire local bodies are in a state of mess. The government, political parties, civil society and the Maoists will have to work this problem out as soon as possible. Otherwise, they may have to face public wrath,” he said.
Implications Of Lack Of Elected Local Bodies
There is a wide consensus among experts and former representatives that the lack of elected local bodies has hurt the socio-economic development of villages and districts. Reports publicized few months ago stated that the VDCs and DDCs were unable to spend over 60 percent of the allocated resources last year.
“In the absence of elected representatives, the function of formulating periodic plans by the DDCs, too, have stopped,” states Prof. Dr. Yagya Prasad Adhikari in a research report on the state of local bodies without elected representatives. The report published in cooperation with DASU/DANIDA states that “due to lack of elected representatives the process of formulating plans as per the Local Self Governance Act has been totally paralyzed.”
Not only the formulation of periodic plans, the uncertainty has also hit the allocation of resources and their spending. The annual progress report published by the Ministry of Local Development show that during the fiscal year 2059/60 (2002/03), of the total approved budget of Rs 5.36 billion, only 80 percent were spent. This came down to 75 percent of the approved budget of Rs 6.54 billion in 2003/04. And in subsequent years, the expenditure figure tumbled substantially to reach around 40 percent.
More than four years have already passed since the local bodies have been rendered without elected representatives. In this period, various government tried to operate them in various modalities. At times the government appointed bureaucrats to run them and at times they nominated local politicians (favored on party basis). The royal government even tried to hold elections at municipalities in February this year. But all these modalities have, more or less, failed to meet the public expectations.
Due to violent conflict also, these local bodies were unable to function. In fact, according to the research by Dr. Adhikari, till October 2004, 1827 VDC buildings (of the total of 3913 VDCs) were partially or fully destroyed by the Maoists causing losses worth Rs 384 million. The research revealed that till that time 641 VDC buildings needed immediate reconstruction costing Rs 140 million.
Likewise, over 42 percent of municipality buildings sustained various kinds of damages due to Maoist attack till that time causing losses of Rs 43 million. Furthermore, in subsequent period till the restoration of democracy in April 2006, much more damages have been caused to these local infrastructures.
Overall, the most dangerous implications of lack of elected local bodies could be the pent up frustrations among the public. After the success of April movement, the people have become optimistic and their expectations have soared. But if the state is unable to meet those expectations – which can be done only through effectively functioning local bodies – the public anger could trigger further instability and disruptions.
What Next?
At a time when the whole nation is debating the upcoming Constituent Assembly, the issue of local bodies deserve to be debated widely.
As former government secretary and policy advisor at RDF Udaya Nepali Shrestha says, all stakeholders need to work out an acceptable solution to effectively run the local bodies. “There can be many alternatives including the one in which Maoists’ confidence can also be won,” he said.
Shrestha added that since efforts are underway to frame a new interim constitution, separate and clear cut provisions regarding the functions, duties, responsibilities and access to resources of local bodies must be included in the constitution itself. “This will show the honesty of all the political forces towards the issue of decentralization,” he said.
As such, the government would need to initiate a desirable way out to hand over the local bodies to elected representatives either through elections or restoration or through political understanding with the Maoists. Any democratic way out is acceptable to a large section of people. This step could also ease the building up tensions in the local level as well as the central level, which would then improve the environment for the negotiated settlement of violent conflict in the country.
“Form All Party Committees Based On Political Understanding”
-- BHIM DHUNGANA
BHIM DHUNGANA is the general secretary of National Association of VDCs in Nepal (NAVIN). He spoke to SPOTLIGHT about the current situation of local bodies and what could be the way out to rescue them from present state of limbo. Excerpts:
How is the situation of local people in VDCs these days?
The people are suffering from a number of miseries and difficulties. The government-appointed VDC secretaries still work from district headquarters. Besides, it is practically impossible for a secretary to carry out all sorts of functions such as registration, recommendation, accounting and so on. People have to go through great length of trouble to even get a passport or citizenship etc.
What is the demand of an organization like NAVIN at present?
In the past, we repeatedly raised demands for restoration of elected representatives at the local bodies. The current parliament should have made that decision through its historic declaration itself. But now, due to different reasons, the issue of restoring elected representatives appears complicated even though the current Minister for Local Development has not stopped claiming that the government would restore the bodies. However, we believe that there should be a political understanding by bringing the Maoists also on board whereby all party committees can be formed to run the local bodies.
Why do you think the Maoists are opposed to restoring local bodies?
They have been claiming that 80 percent of country’s territory is under their control. If the local bodies are restored, this claim could come under challenge and the Maoists would have to give up their monopoly at local governance. They have been collecting resources at local level, which would also come under review once the local bodies come into force. Besides, during the time of Constituent Assembly, if there are local bodies they can also engage in political mobilization. Perhaps, due to these reasons they are opposed to this idea.
How do you assess the functioning of government-appointed bureaucrats at local bodies?
Bureaucrats are not accountable to the people and they do not bear responsibility for carrying out development efforts. Besides, it is not possible for a single individual to formulate plans and policies and implement them.
Are you satisfied with the manner in which the issue of decentralization is being treated now?
I am sad that none of the political parties have put forth clear views regarding local self governance. Without total devolution of power, the development of the country is not possible.
What is your organization doing these days?
We continue to advocate for the issues of local bodies, particularly VDCs. We are in several boards and funds where we participate in meetings and provide suggestions. Currently, we are organizing campaigns to inform the local people about CA. We are organizing such campaigns in all districts.
“We Stand By Our Demand For Restoration Of Local Bodies”
-- SUSHIL GYAWALI
SUSHIL GYAWALI, is the general secretary of Municipal Association of Nepal (MuAN). He spoke to SPOTLIGHT about the state of local bodies. Excerpts:
What is the position of MuAN at a time when the municipalities are being run by bureaucrats?
We stand by our earlier position that till there is a fresh election held, the earlier elected representatives should be restored. If that is not possible, then we have demanded for universally acceptable model of forming all party committees to run those bodies. But this model is easier said than done as there will be conflicting opinions on who could be inducted where. This could only intensify the local conflict. Therefore, the best way is to reinstate the elected bodies from where the regressive elements can then be purged.
How has the lack of elected bodies affected their functioning?
It has caused huge impact. After the success of people’s movement, the expectation of the public has heightened. However, since there are no representatives at local level, the service delivery has suffered. People are not able to enjoy the fruits of democracy. Since local bodies are the vehicles for delivering services to the people, without them being effective, the public perception is bound to become negative. There is big gap between expectation and delivery since government-appointed bureaucrats cannot be expected to step on the shoes of elected representatives.
How do you assess the ongoing debate on decentralization?
In fact, we have also given our recommendation to the Interim Constitution Drafting Committee to strengthen and deepen decentralization. Unfortunately, we hear about issues such as federalism these days. This means that the decentralization would take place only from the center to the regional level. It would only foster regionalization not decentralization.
“People Still Treat Me As Ward Chairman”
-- HIRA LAL TANDUKAR
HIRA LAL TANDUKAR is the former chairman of Ward no 11 of Kathmandu Metropolitan City (KMC). He spoke to SPOTLIGHT about the issues faced by local people in the city. Excerpts:
How do you compare the situation when there were elected representatives with the current situation?
There is a vast difference. Even in city like Kathmandu , people are suffering a lot. They cannot get the appropriate recommendations (for getting citizenship certificate, land ownership certificate and so on) as easily as they used to get in the past. When there were elected officials they had to abide by the demands made by their voters. There was no alternative to that. But now the officials are not obliged to do so.
How do the people treat you these days?
Still, they keep on coming to me for suggestions and ask me to help them get proper certificates. Wherever possible I take their complaints to the relevant authorities and try to help them. In a way, they still treat me as the ward chairman.
How is the situation of development in wards these days?
Development efforts have come to a standstill. There is no zeal for development these days.
So, what do you think would be the solution?
I think it would be good to involve the Maoists and form political committees in wards and VDCs. You need water to control fire. You cannot control fire with fire.
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