CHAPTER ONE

INTRODUCTION

1.1 Background to the Study

Local government is sometimes mistakenly taken to have the same meaning as local administration which it is not. Perhaps the best way to gain a better knowledge and meaning of local government is by distinguishing it from other terms or concepts that are apparently similar to it.

According to Uphoff (1986:5), local government and local administration differ from other local institutions mainly because they have the force of law and the resources of the state behind them. However, local government and local administration do not mean the same thing. This is due o the fact that, local government and local administration can be distinguished by the organizing principles that govern each of them.

Notwithstanding, it is also very important to note that local government is usually associated with the concept of decentralization while local administration is associated with the concept of deconcentration.

This is a situation where for the mere convenience of congested central government some functions are devolved to administration on the spot rather than from the centre, but still administered through officials appointed by and responsible to the centre. Authority and discretion are vested in the centre (Encyclopaedia Britannica vol.14:262).

During the 1880’s,measures were devised to decentralize the economy b privatizing public sector enterprises, deconcentrating the over-centralized government administration, and strengthening local governments through devolution of various functions previously entrusted to centralized government units.

Donors and governments also recognized the important role that Non-Governmental Organizations (NGO’s) were performing in providing services to farmers, and began to devise ways and means to associate them to the rural development efforts in a coordinated manner, within the framework of overall national decentralization policies, essentially inspired by liberalization and decentralization principles, had taken a coherent form in most countries.

During the 1990’s these policies were introduced in different forms and in different degrees, in practically all developing countries. The new policies changed development strategies in agricultural research, input supply, crop marketing, extension, veterinary services, rural financial services and water resources management (Rondinelli,1998,1:50).

Decentralization reforms focus on:

-The relationship between three sectors of governance, namely, the public sector, the private sector and the voluntary sector and

-Within the public sector, decentralization focuses on the structure and processes of decision making and on resources and responsibility allocation among different levels of government.

After the end of the welfare state, the concept of decentralization entered into the vocabulary of the African institutions. The term decentralization denotes the transfer of responsibilities, resources and power from the central government to the echelons of government and decision making that are “lower”, peripheral or in any case closer to the population.

Decentralization is spontaneously associated to participation, grassroots democracy, local governance and the recognition of the existence of players and organizational structures at the local level that can make a contribution to managing authority (Zenu, Network 2011:12).

African states are more highly centralized than any of the other World’s regions. These highly centralized African states have tended to become a part of a problem rather than be a part of the solution. It is inefficient, corrupt and ineffective in providing access to basic services. It also fails to mobilize the high levels of social capital for improved development and governance has become an article of faith for many of the African states in their effort to improve governance and reduce poverty (Oluwo,2006:7).

The vast majority of African countries that have explored decentralization have done so incrementally which changes ranging from the barely perceptible to more dramatic but the phase of decentralization, revival few countries have encountered the significant break sequential reforms overtime. This list includes; Senegal, Malawi, Tanzania, Mozambique, Zimbabwe, Cote d’Ivoire and Ghana with several of them tracing their evolutionary devolution or intensions to the 1980’s especially.

In Tchad, decentralization was questioned after first regime and was only reconsidered from 1993 and later in 1996 the law was adopted .That of Ivory Coast gained momentum in 1995 when the number of councils increased from 135 to 197 and new voted in 1998(INADES Formation 2002:26).

Cameroon has about seventeen million inhabitants, two official languages, more than two hundred local languages, all within a territory of 475,000 square kilometers. It is thus such a complex mosaic that development in a uniform manner in the sociological components. The decentralization mode implemented should therefore enable each group to choose a poverty reduction strategy, in a participatory approach, taking into account its specificities, environment, potential, culture and constraints.

At the same, the central state has to all appropriate measures to ensure respect for national unity and safeguard of territorial integrity. Likewise, it is the regional solidarity, considering the natural disparities that exist from one local council to the other. As a result of such dual concern, the role and resources of each actor must be strictly spelled out by the laws and regulations (Edou,2010:19).

As one of the main conclusion of the landmark Tripartite Conference of November 1991, the government was instructed to decentralize Cameroon via a constitutional revision. It took four years to get the revised constitution of January 1996 and since there is only now that a bill is expected to go to parliament on decentralization-that is more than 12years after the people expressed their wish to decentralize. The idea of decentralization is to grant autonomous self-governance to the regions to decide for themselves the course of their own development without unnecessary interference from the centre (Cameroon info.Net.2011).

‘’Poverty is local and it can only be fought at the local level “(Nji, 2004:49, Singer,2006:5)”.Overall, little direct and poverty reduction.”A recent trend in public administration is an increased push for the decentralization of public finance, taxation authority and policy implementation from national/government to provincial and even municipal entities.(Singer,2006:5)

The pace of the process of decentralization in a given context unavoidably depends on the degree of favorableness of the legal environment and the dynamism of stakeholders(especially of local authorities, the state, development cooperation partners and civil society(Cheka,2010:51).In the case of Cameroon,      decentralization constitutes the legal, institutional and financial means through which regional and local authorities operate to foster local development with the active involvement of the population.

Through the devolution of powers to local entities, local development could be enhanced and a contribution made to the fight against poverty. The assessment of the legal framework and of its stakeholders shows that the decentralization laws passed in 2004 in Cameroon have local development and governance as their main thrust. The new laws certainly create an environment that represents an irreversible step forward for the process of decentralization but are in need of completion by passing of legal instruments of application for them to effectively accelerate the pace of the decentralization process and good governance.

Decentralization is the transfer of power from the state to another legal person of public law. Decentralization therefore presupposes the existence and responsibility of decentralized structures, establishes the management of local affairs by local and elected or nominated officials and recognizes the relevance and efficiency of local management.

In the case of Cameroon, although the decentralization laws was promulgated in 2004, the application process is still very slow, especially in the case of decentralized communities. The development policy elaborated in the field management of communal space, to manage the natural and artificial patrimony to secure and ensure infrastructures in order to improve the living standards of the population.

To this end, an economic framework conducive to the creation of wealth and resources should be put in place. This framework should encourage traders to create income-generating activities and wealth. It is also the mission of the commune to arrange training and to inform people of its locality. This training diverse and varied will hinge on several points: civic education, ethical awareness, cultural training, social and sports training etc. It is because of these responsibilities that in Cameroon, the law has recognized to commune the right to dispose a patrimony. (Cheka,2010:8).

The patrimony of communes in Cameroon is constituted by all the movable and immovable properties. This set of properties is a huge potential, which optimally managed, can generate revenue significantly that could spur development of the vast majority of our municipalities. Yet, studies have revealed that the procedures of general business and management of goods and services in particular in Cameroon’s collectivities is deficient. This deficiency is largely explained by the lack knowledge related to land tenure system, the management of communal structures and ignorance of the different methods of managing common property under the applicable regulations and legislations. Therefore, our municipalities must carry out actions aimed at improving the management of their municipal patrimony. This action should focus on the training and capacities building of all communal agents involved in the day by day management of communal patrimony (Rivielle, 2010:70).

The state of the decentralization process in Cameroon depends on its current legal environment, its constraints and the level of organization of its key actors in relation to the legal environment(Cheka,2010;11).He argues that the pace of the process of decentralization in a given context as avoidably depending on the degree of favorableness of the legal environment and the dynamism of stakeholders(especially of local authorities, the state ,development cooperation partner and civil society).The short comings of the decentralization process in Cameroon and the objective for embarking on decentralization in each context varies with its promoters. A sustainable approach is needed for strengthening the capacities of all stakeholders (Cheka,2010:12).

The new laws created in 2004 certainly creates an environment that represents an irreversible step forward for the  process of decentralization but are in need of completion by the passing of legal instruments of application for them to effectively accelerate the pace of the decentralization process and good governance. The following recommendations are forwarded for the decentralization process in Cameroon: there is need for better organization and coordination of interventions of the stakes holders; and the process is currently hampered by especially financial constraints on local authorities and limited capacities of the actors and beneficiaries of devolved powers (Edou,2010:7)

Cameroon’s 360 municipal councils have at their disposal over FCFA 50,266,363,000 as accompanying financial resources to enable them execute projects contained in the first generation of competence the central administration has transferred to the council in the 2010 fiscal year. Nine ministries concerned with the first transfer of competence to council in 2010, have already put at the disposal of the council accompanying FCFA 23,072,363,000. Government has also disbursed 9,694,000,000 as the general allocation finance the decentralization process and further stated by the end of the year, councils will benefit from an additional FCFA 17.5 billion from transferred taxes (Kendemeh, 2010:26).

The government disbursed FCFA92.28 million in 2011 to foster the irreversible decentralization process in the country. The devolution of powers and resources will transfer FCFA 18.28 billion to city, sub-division and local council for various projects, the government has also budgeted FCFA 7 billion for the common decentralization fund.

Dues from taxes and duties will either partially or totally be transferred of powers and accompanying resources to councils in 2010.The ministries of Trade, Urban Development and Housing, Tourism, Small and Medium –sized Enterprise, Social Economy and Medium sized Enterprise, Social Economy and Handicraft were added in 2011.Government in 212 budgeted FCFA 50,266 billion to start the effective transfer of powers to 360 municipalities or municipal councils. The mistakes of 2010 should be corrected for the decentralization process to attain its cherished local development goal in 2012.

Municipal administration in Cameroon dates back to the colonial period. In 1922, in the British Cameroon the colonial authority created the Native Court. Native authorities had the right to legislate and levy taxes under the control of District officers. This was the direct rule policy and 19 years later, the movement started in the French –speaking Cameroon with the introduction of mixed council s in which mayor was appointed and the municipal council elected (Edou, 2010:9).

In 1955, a new stage was reached with the legal distinction between two types of councils: the “Commune de Plein Exercise’(CPE) where the municipal council was and in turn elected from within the mayor and his assistants were appointed. Such organization prevailed until 1974, fourteen years after independence (Edou, 2010:9).

The 1974 reforms defined the council as a decentralized local government and legal person established by municipal councils, except in some major agglomerations into urban councils having distinct councils runned by elected mayors (1974 law, Edou, 2010:11)

The 18th January 1996 constitutional amendment established the decentralization nature of the state, defined the legal system and stated the general principles of decentralization in Cameroon. It instituted especially a second category of regional and local authority in the region.

In implementation of these constitutional provision, three important laws are passed in 2004, including the law on the orientation of decentralization, a study which a good knowledge of the objectives, stake, strategies, tools and the actors of decentralization In our country (1996 constitution:26,2004 laws Edou,2010:12).The prime ministerial decisions of 2010 saw the first devolution of powers to local authorities with 9 ministries ,the second set in 2011 with 6 other ministries.

1.2 Statement Of The Problem

Decentralization in Cameroon has been given a priority so high that it is almost a national goal. With huge funds and personnel placed in the civil services and on the state payroll to probe on and implement decentralization nationwide, one expects that after over ten years of” decentralization” talk, the lay man should not only know what it is all about, but the programs or effects of decentralization should be identifiable and felt.

However, the case of Cameroon and the Buea Rural Council as a case study is not as obvious as one would wish. It is this issue that fuels this research; as we go on to investigate what hindrances there are to effective decentralization.

1.3 Research Questions

To this effect, the following research questions surface and become inevitable and crucial to this study:

1. What is decentralization?
2. What are the practical implications as far as the Buea rural Council is concerned?
3. What are the constraints to the effective decentralization and local governance in the Buea council Area?

Check Out: Political Science Project Topics with Materials