OBSERVATORY OF DEMOCRATIC GOVERNANCE IN THE MEDITERRANEAN TUNISIA

Transcription

1 OBSERVATORY OF DEMOCRATIC GOVERNANCE IN THE MEDITERRANEAN TUNISIA

2 In its Constitution, Tunisia is defined as a free, independent and sovereign republic. It is based on citizenship, the will of the people, and the supremacy of law (Articles 1 and 2). Islam is the state religion, and Arabic is the official language (Article 1). The Parliament is monocameral, the only chamber being the Assembly of the Representatives of the People. ////////////////////////////// OVERVIEW OF DECENTRALISATION The 2014 Constitution gives more powers to authorities and commits to decentralisation as the basis of local authority (Article 14). Until the Arab Spring demonstrations and protests, Tunisian administration included two infra-state administration levels: - Regional level: the governorates (also called wilayas) were a de-concentrated as well as a decentralised state level, the governor was a representative of the State, as well as the local regional authority, and the regional councils were elected. Governorates were subdivided into delegations (or districts) and sectors. - Local level: the municipalities were defined as the decentralised state level, with representatives elected by universal suffrage, with some degree of autonomy. The following graphics illustrate the functioning of these various entities: ADMINISTRATION OF GOVERNORATES 24 GOVERNORATES Appointed by the President upon suggestion by the Ministry of the Interior Governor Regional Council GOVERNORATE REPRESENTATIVE Addresses issues of interest for the governorate in economic, social, environmental and cultural areas Overseas delegates on a local level as well as chiefs of sector (Omdas) - Headed by the Governor - Includes elected members: governorate deputies, mayors, rural councils presidents - Observers: technical service representatives of ministerial departments Governorate business management 1

3 ADMINISTRATION OF DELEGATIONS 264 DELEGATIONS Appointed by the Minister of the Interior and under governor's supervision Local development council Delegate Ensures administration of local services Chairs the Local Development Council Presidents of communes or municipal districts of the delegations, chiefs of sectors, representatives of the external services of administration and public establishments on a local level Concentration body dealing with issues of economic, social and cultural development of the delegation ADMINISTRATION OF MUNICIPALITIES 264 MUNICIPALITES (or urban communes) Civil servants and permanent officers Supervise the various services and direct link between municipalities and citizens. Municipal council Includes the President of the Councils and councillors, all elected by direct universal suffrage for a 5 year mandate Supervises and sets policies, takes important decisions related to communal affairs; Manages local affairs and acts on communal issues. CONTROL Some of the decisions made by the Municipal Council are subjected to approval by the control authority (Governor or Minister of the Interior), especially regarding: local budget, property disposition or exchange, street, public squares and public places naming when honorary or commemorative, communal cooperation projects and associated arrangements, twinning reports and external cooperation. 2

4 Governorates Delegations Municipalities Sectors (Imadas) Intermediate administrative territorial constituency (between governorate and sector) Local authority with civil personalityand financially independent. In charge of managing municipal interests. The smallest administrative territorial constituency Governor: appointed by the President Regional council includes: President: Governor Members: deputies elected in constituency/constituencies of the governorate, presidents of governorate's municipalities, presidents of rural councils. - Observers: technical services of ministerial departments. Delegate: appointed by the Ministry of the Interior and Local Development Municipal council elected by direct universal suffrage. Includes a President, a first deputy, deputies and councillors. Omda (chief of sector) Regional council: Review of issues of interest for the governorate in social, economic and cultural areas (details Article 2, Chapter 1, Organic Law 89-11) Ensures administration of local services. Chairs the local development council (consultative body). Conducts municipality businesses: Review and approves municipal budget Assists the various administrations Administrative territorial constituency of the state and public authority having moral personality and financially independent. Set up the operating and equipment, rates and taxes budgets Sets, within the limits of available resources, the authority's equipment programme Ensures the interest of the citizens. Gives advice on affairs of local interest. Management of governorate's assets Possibility to establish cooperation relationships with similar overseas organisations following approval from the Ministry of the Interior. Ministry of the Interior Governor or Minister of the Interior Governor Delegate The new Tunisian Constitution: the institution of a stronger decentralisation The Constitution of the 27 January 2014 introduced a stronger decentralisation for Tunisia: "The state commits to strengthen decentralization and to apply it throughout the country, within the framework of the unity of the state." (Article 14) Chapter VII, dedicated to local government, gives an outline of the new Tunisian setup and of decentralisation. Municipalities, regions and districts are defined as local authorities with legal personality, financially and administratively independent. These authorities are managed by Councils elected by direct universal suffrage, and have their own powers, powers shared with the central authority and powers transferred by the central authority In this regard. They have their own resources as well as transferred resources, in compliance with the duties allocated to them, which are administered independently. Regarding legality of their actions, authorities are subjected to a posteriori control. Authorities can also cooperate with each other or with authorities outside the Tunisian territory, within the framework 3

5 of decentralised cooperation. On a national level, authorities councils are represented by the High Council of Local Authorities, with jurisdiction to consider issues related to development and regional balance, and gives its advice with respect to any draft law related to local planning, budget, and financial issues These various areas are signs of important changes as well as a stronger decentralisation, and the new Constitution gives rise to hopes for a major renewal for Tunisia. However, we cannot comment further since organic laws establishing the mechanisms of the said changes haven't yet been enacted. Pending organic laws instituting actual decentralisation, the local level climate is characterised by strong tensions In the wake of the Arab Spring, important disruptions have taken place on a municipal level, leading to the progressive dissolution of a number of municipal councils, as well as appointments of special delegations to replace them, in compliance with the law (amendment of law 75-33). Such delegations, appointed by order following a delicate consensus-building phase with civil society, are the object of numerous critics, especially accusing the ruling party of partisan appointments or contrary to democratic principles. Following major civil claims, some special delegations members resigned. Since municipal elections are not yet on the agenda, even though the President by interim, M. Marzouki, is trying to organise them for the end of 2014, this tense climate remains significant. Limited relationships between local authorities Municipalities and governorates can implement some cooperation with each other, as well as decentralised cooperation with overseas entities, subject to validation by their supervisory authority. The governor gives his approval in case of authorities in the same level of an area, and the Ministry of the Interior has jurisdiction over inter-regional or decentralised cooperation. While inter-municipal cooperation initiatives aren't numerous in Tunisia, municipalities have a platform where they express their needs: the National Federation of Tunisian Cities (FNVT). However, relationships between municipalities and state de-concentrated bodies (governorates and delegations) are very weak, as is their coordination, as demonstrated by the CIGL study (Diagnostic organisationnel des collectivités locales tunisiennes, August 2013). In comparison with internal cooperation, there are more decentralised cooperation efforts, but the process is slowed down by the minimal duties of authorities and decentralised bodies, as well as their lack of financial and human resources. The criticised legitimacy of the numerous special delegations also affects cooperation. In terms of the role of the youth and women, the new Constitution also provides for major changes. As stated in Article 34, "The state works to attain parity between women and men in elected Assemblies", as well as to protect and reinforce their rights, to ensure gender equality and reinforce parity (Article 46). The representation of the youth within the councils and local authorities is also guaranteed by the State (Article 133), as well as the conditions for developing the capacities of youth and generalize their participation in local development (Article 8). 4

6 /////////////////////////////////////////////////////// CIVIL SOCIETY Towards a more important consideration? According to Article 139 of the Constitution of the 27 January 2014, local authorities "shall adopt the mechanisms of participatory democracy and the principles of open governance to ensure the broadest participation of citizens and of civil society in the preparation of development programmes and land use planning, and follow up on their implementation." However, an analysis of the situation of local authorities demonstrates major weaknesses in terms of local leadership, which translate into a reduced level of civil society participation. Authorities lacking financial and human resources cannot ensure the necessary communication for the participation of citizens. Furthermore, municipal officers are less inclined to integrate civil society associations into decision-making and management processes, than they were during the Revolution. Regarding parity, reality in Tunisia is out of touch with hopes carried by the Revolution. According to the organisational diagnosis of Tunisian authorities of CILG (August 2013), the 30% of women necessary to implement significant and sustainable changes is a long way off. ///////////////////////////////////////////////////////// PROSPECTS Tunisia is among the countries where prospects generate high hopes. Indeed, the Constitution of the 27 January 2014 introduced numerous changes in favour of decentralisation and citizen participation, with a specific emphasis on the role women and the youth in this regard. However, the implementation of these changes remains subject to the drafting and enactment of related organic laws. In the meanwhile, Tunisia's situation remains on hold, in a climate characterised by strong tensions. In such a context, the delay of local elections doesn't help improve the situation. Therefore, immediate expectations of people are challenged by the time taken for the necessary steps to reach expected results. 5

7 ///////////////////////////////////////////////////// BIBLIOGRAPHY Constitution of Tunisia, 1st June 1959 Constitution of Tunisia, 27 January 2014 UCLG Country Profile, Tunisian Republic, 2008 Decree on delegation of some government members' powers, 24 March 1989 Organic law on regional councils, 4 February 1989 Organic law n on enactment of municipalities organic law, 14 May 1975 Organisation territoriale en Tunisie, A2DTRM, août 2011 Diagnostic organisationnel des collectivités Locales Tunisiennes Rapport de Synthèse, CILG VNG International, August 2013 Minutes of the meeting of the Tunisia Country Group, «Quel partenariat avec les organisations de la société civile française et tunisienne dans le cadre de nos coopérations décentralisées?», Cités Unies France, 21 November 2013 Rencontres de la coopération décentralisée tuniso-française, Eléments de synthèse, November 2012 «Dissolution des conseils municipaux : les raisons et les modalités de désignation des délégations spéciales», Leaders, 10 March nation-des-delegations-speciales?id=4426 Official website of the municipality of Tunis «Tunisie Ben Arous : Des organisations refusent la désignation des délégations spéciales», Direct Info, 14 November nt-la-designation-de-delegations-des-municipalites/ «Les élections municipales, le parent pauvre de l agenda politique», Tunisie numérique, 10 October 2013, «Ce sont des élections municipales qu il faut en Tunisie», Al Huffington Post, Maghreb, 8 April «Démission de 8 membres de la délégation spéciale de la municipalité de Djerba Ajim» Direct Info, 18 February