View Point (Spotlight Weekly)

Role of Local Bodies in STRENGTHENIG Democracy

By Krishna Man Pradhan

Background : Local bodies are the foundation of democracy. The devolution of power is the base of decentralization. It is imperative to implement the decentralization process in order to make governance people-oriented, accountable and institutionalized. The Constitution of the Kingdom of Nepal 1990, which was obtained after long and hard struggle, also sets the guideline for enabling maximum participation of people in the governance through the process of decentralization so that they can taste the fruits of democracy.

It has been irrefutably proved by the problems encountered by the people that for a welfare state like Nepal, it is simply not possible for the central government to carry out all the responsibilities of the governance. Therefore, in order to bring about the changes in the living standard of the people and in order to identify and resolve the problems faced by local people, it is imperative to empower and develop the capacities of the local bodies. If we can embrace this sort of strong system through the process of decentralization, we can fulfill our vision of good-governance as well as strengthen the institutional development of democracy. It is essential for a country like Nepal where a large portion of the people stay in rural areas, where there is socio-economic diversity; to legally empower the local bodies through devolution of power so that they can effectively carry out the local level tasks themselves. In this context, Local Self Governance Act 2055 (1999) has been formulated adhering to the spirit of the Constitution of the Kingdom of Nepal 1990 and with an objective of making the local bodies strong and effective. The Act has provisions regarding the jurisdiction, duties and powers to distribute resources of the local bodies as well as making them accountable to the people in order to usher in local leadership, which ultimately will make the local bodies strong and effective.

Local Self-Governance Act 1999

Local bodies mean the local government. The Local Self Governance Act 1999 (LSGA) attempts to empower and institutionalize the local bodies with a view that they themselves are most appropriately placed to identify and resolve the problems of local people; and that they are capable of doing so.

Section 3 of the LSGA 1999 has embraced the following principles and policies for the sake of developing the concept of local governance:

a) To devolve powers, responsibilities and resources to make the local bodies strong and effective based on the concept of the local self-governance.

b) To create and develop an institutional machinery as well as functional structure in the local bodies, which is capable of thinking for the local people and accountable to them.

c) To hand over the power to gather and mobilize the resources required to carry out the functions, duties and responsibilities that are assigned to the local bodies.

d) To orient the local bodies to adhere to democratic process, transparency, accountability and people's participation while performing their activities that are designed to help create a civil society.

e) To set up effective machinery in the local bodies to make them accountable to the local people with an objective of developing local leadership.

f) To encourage the participation of private sector in the local self-governance in order to provide services to achieve sustainable development.

Crucial features of LSGA

* Local bodies like the Village Development Committee (VDC), District Development Committee (DDC) and municipality are independent, autonomous and continuous institutions.

* Institutional development of democratic governance through empowerment of local bodies has been emphasized.

* His Majesty's Government can help the under-developed and resource-scarce VDCs by making the resources and facilities available to them as per the recommendation of the DDCs.

* The functions, duties and powers of the local bodies and their officials have been comprehensively mentioned. There are provisions to make these bodied people-oriented and accountable.

* The institutional and functional structures of the local bodies have been framed to make them able to carry out the devolved authorities.

* As per the judicial power provided to the VDCs and municipalities, they can settle 14 different kinds of disputes themselves at the local level.

* The plan formulation and implementation process of development based on people's participation has been clearly marked.

* His Majesty's Government can formulate and implement special programs to strengthen and to develop the capacity of the local bodies.

* A Decentralization Implementation and Monitoring Committee headed by the Prime Minister has been set up in order to evaluate whether the local bodies are carrying out their duties as per the objectives, policies and provisions of this act. A working committee under the Local Development Minister, too, has been set up to work as per the guidance of the committee.

* The local bodies need to get the approval of the concerned council regarding the recruitment of their staffs. However, His Majesty's Government can appoint a secretary to carry out day-to-day functions.

* A Local Service shall be established to govern the local bodies. The DDCs and municipalities can form different sections to carry out development activities within their region by remaining within the prescribed standards and provisions.

* His Majesty's Government may frame rules to implement the objectives of this Act. The local bodies can frame their own bye-laws to carry out their duties by remaining within the broad framework of this Act and Rules.

Local Bodies in practice for twelve years

Following the restoration of democracy and promulgation of the Constitution of the Kingdom of Nepal 1990, the local bodies were in operation through the local elections of 1993 and 1997. The spirit of the Act is to develop the local bodies as people's representative organizations with independence.

During the first local election of 1993, two hundred thousand local representatives were elected and they performed their duties successfully. In 1997, another regular local election was held after the previous representatives completed their tenure of five years. Except for few VDCs, representatives were elected as per the Act in VDCs, DDCs and municipalities. As per the provisions of then ordinance, forty thousand women representatives were also elected - twenty percent in each ward and ten percent in each VDC. Since the LSGA 1999 had not imagined a vacuum in the local bodies led by elected representatives, its Article 239 has a provision of extending the tenure by one more year. According to that article, His Majesty's Government may extend the tenure of the elected bodies by one year or govern the local bodies through other means in case of a situation where elections could not be held due to natural calamity, extreme economic disarray or some other special circumstances.

As per the provision, the then government led by Prime Minister Sher Bahadur Deuba had to make a decision in mid-July 2002 when the tenure of the elected bodies expired and the government was unable to hold elections in view of situation of insecurity. The Associations of the local bodies including the VDC Association (NAVIN), Municipality Association (MuAN) and DDC Association (ADDCN) constantly pressured the Prime Minister, Council of Ministers, political parties, civil society through persistent protest programs, interactions, discussions, rallies and so on to choose the most democratic option of extending the tenure of the elected bodies. However, despite the pressures from the Associations, NGOs, political parties and civil society, the then Council of Ministers headed by the Prime Minister Sher Bahadur Deuba chose to govern the local bodies through government officials.

As a result, the local bodies were without the elected representatives. But these elected representatives could not escape their duty of serving the people. Though powerless, these formerly elected representatives are engaged in serving the people in one way or the other.

In the absence of the parliament as well as the elected local bodies, the country took a leap towards autocracy. Consequently, the people had to taste the bitter reality of living in an environment where they could not live a decent human life.

Local Bodies in Present

The then Prime Minister Sher Bahadur Deuba not only rendered the local bodies without the elected representatives but also rendered the nation parliament-less. The services being delivered by the government bureaucrats were later handed over to so-called all party machinery during the tenure of the Prime Minister Surya Bahadur Thapa. These so-called all party machinery was, in fact, filled with the cadres of the Rastriya Prajatantra Party (RPP). The government had nominated mostly the cadres of the RPP to run the VDCs, DDCs and municipalities apparently without much homework - as a result, many of them had to pay with their lives.

The present all party government led by Prime Minister Sher Bahadur Deuba - which includes the representatives of the Communist Party of Nepal - Unified Marxist Leninist (CPN-UML), RPP and Nepal Sadbhavana Party (NSP) - has decided not to renew the tenure of the local officials appointed by its predecessor Thapa government and has, instead, decided to operate it again through government officials beginning July 16, 2004.

Future of the Local Bodies

The curiosity and interest of the political parties and local bodies had heightened after the formation of new Deuba government with the mandate to hold elections of local bodies and the parliament within the year 2061 B.S. (mid-April 2005). Before the appointment of Deuba government, almost all political parties and local bodies had, in unison, voiced that extending the tenure of the formerly elected representatives was the best option. However, now their voices seem divided.

Among the options that are before us today, one is the extension of the tenure of formerly elected representatives; second option could be the formation of all party government including all major parties; third option is to operate the local bodies through government officials; and the fourth one is to operate it through multi-party committees in which nominated representatives of only those parties that are in the coalitions government at the center participate; and the final option is to hold the elections within the prescribe date and elect new representatives.

Conclusion

There might be no two opinions that the people's representatives should operate the local bodies. However, looking at the present political situation, security circumstances and the provisions of the LSGA, it does not seem possible to hold the elections within this year. Based on our experience of last one year and the current political situation, none of the five options mentioned above look plausible in this context. There is a growing possibility that whether the name-list of the leadership of local bodies are decided through all party machinery, or through extension of tenure; or through elections; they could end up as mere list of people who face death. It is for the central leadership to decide how wise it would be to push these people towards the harm's way. Today, when the country is deteriorating, it has been essential that all of us Nepalese (HMG, all political parties, civil society and the Maoists) should get united and arrive at an appropriate provision to operate the local bodies. At a time when most of the DDCs, VDCs and municipalities are unable to carry out their development functions, it is imperative to choose appropriate local representatives to resolve those problems at local level.

It is the need of the hour that the HMG and the Maoists refrain from looking at the local bodies as purely political body and rather see them as vehicles to carry out the development efforts and as machinery that can resolve the real problems faced by the Nepalese.

Finally, looking at the options mentioned above or studying the provisions of the LSGA 1999 or considering the present political and security situation of the country, it seems appropriate to start the process of holding phase-wise elections separately in different development regions within next year. It is necessary that the responsible parties should refrain from using the local bodies purely as a place to flex political muscles and also consider it as a vehicle to fulfill the needs of local people and, thereby, behave responsibly to allow the implementation of the budget programs of the HMG in order to develop them as foundations of democracy. It is a well-known principle that only through the activation of democracy can the rights and interests of all political parties, civil society and local people be safeguarded. Therefore, till the period when the due elections can be held and the authority transferred to elected representatives, it would be prudent on the part of the HMG to provide a security guarantee and run the local bodies through broad-based all party committees that are participated by all political parties. This is the best and most democratic option before us today.

(Pradhan is the President of the Rural Development Foundation)