DECENTRALIZATION_ CITIZEN PARTICIPATION AND EMPOWERMENT

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					DECENTRALIZATION,  CITIZEN   PARTICIPATION AND
EMPOWERMENT, TRANSPARENCY    AND ACCOUNTABILITY
SECTOR WORKING GROUP




CONSOLIDATED COMMENTS OF DEVELOPMENT
PARTNERS ON DIP 2011-2015




Consolidated by:



DCPETA CO CHAIR




March, 2011

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I. GENERAL OBSERVATION

This document details the strategy for the third phase and shows the importance of the
Decentralization of the Rwandan Government and of the whole country. Development
Partners are ready to support the Government in this process.

Decentralization is important in many regards:

   o   It plays a crucial role in reducing poverty;
   o   Decentralization is key for rural development;
   o   Decentralization is an important approach for citizen participation;
   o   Decentralization cross-cuts all sectors, including education, health and energy.

The document is comprehensive and clear. We appreciate the way the DIP has tried to
consider the progress made in the decentralization sector and we are happy to notice that
some of the challenges raised by the recent evaluation were addressed.

However, a number of fundamental questions still remain for the implementation of this new
phase. We had highlighted them in our Joint Comments of DPs on the "Orientation Document
for the 3rd Phase of Decentralization" compiled by the co-chair on 20 November 2010. For
example, what is the role of provinces, the compositions of councils, the clear delineation of
responsibilities, i.e. between Mayors and Vice-Mayors and the technical staff, the transfer
mechanism (via CDF? or not?)? The current Strategy mentions these issues and encourages
different stakeholder to resolve them, but it would have been optimal for these issues to be
addressed prior to or within the Strategy. Since this is not possible, such issues will need to
be clarified as soon as possible so that the new team at the district level has a clear sense of
what is expected of them. A lot of uncertainty seems to remain at this point.

The role of institutions involved in decentralization could have been made more clear. We see
them appearing in the Annexe but it would have been useful to see a description in the
narrative: What is the role of NDIS? The role of MINALOC, MIFOTRA, PSCBS within regard
to the LG CB? Uncertainties relating to legal framework and/or mandate could also have been
highlighted to give a better picture of the current context as well as where clarification or
government decision is necessary. It cannot be reinforced enough that clarity on the role and
responsibility of these different actors is paramount for an effective implementation of the
Strategy.

Finally, the document should be used to provide guidance on the role of Development
Partners. From the perspective of DPs, the decentralisation process in the country is crucial for
the implementation of the EDPRS. Against this background, the 3rd phase of the DIP is a key
element. The document provides an important entry point to guide DPs on their contributions
and to harmonize ongoing and planned activities of the Rwandan Government and DPs.

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II. SPECIFIC COMMENTS:


  1. Comments from Peter 1: LEGAL AND INSTITUTIONAL FRAMEWORK
         STRATEGIC AREA


  Outcome: 1.1.Harmonized and updated Decentralization Policy guides and laws to
  improve the effective implementation of devolved service delivery

  P.10: Outcome 1.1: Decentralization policy was adopted in 2000 not in 2001



     Output 1.1.2 seems to be very general; All sector ministries are needed and should be
      involved for consultation and coordination within the process of law-harmonization;
     Timeframes are too short to harmonize all sector policies with Decentralization policy;
     Coherence within the DIP is missing:
      Step 1: Review Sector Laws and harmonize with Decentralisation Laws

      Step 2: Review and update Decentralisation Laws



  Outcome 1.2 (roles & responsibilities)

     The DIP may provide/highlight the involvement of all stakeholders throughout the whole
      process
     This document should also reflect on roles and responsibilities concerning the
      implementation and monitoring of the DIP (PSC, NDIS, DC)


  Issues regarding consistency:

     1.2.4-1.2.5 to add main organs: it is not enough to limit guidelines on Kigali City and its
      Districts, Provinces and Districts. For example: what about the interaction between
      these Entities and the Central Government (Prime Minister Office, MINALOC, NDIS,
      etc.)?
     Output 1.2.6 is not connected to outcomes and a clear definition of
      responsibilities/terms of references for the personnel is missing.



                  STRATEGIC AREA 2: SECTOR DECENTRALISATION



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  P.11: DCPETA is Decentralization, Citizen (not Community) Participation, Empowerment,
     Transparency and Accountability;
      It is better to give precision on membership of the proposed technical working
         group. Its role was initially given to the committee of focal points representing
         sectoral ministries and the difference between those two teams must be clear.


  Outcome: 2.1. Enhanced clarity of division of labour, interactions, and engagement
    between sector ministries and LGs.



  Observations

     Sectoral Decentralization is cross cutting
     Sectoral Decentralization has linkages with Strategic Area 1: (Imperatives for Legal and
      Institutional Framework) and 3: (Service Delivery)
     Danger of overlaps and doubling of structures if designed as a separate area
     Sectoral Decentralization has implications at two levels:
           1. Central level, regarding coordination and harmonization between line
              ministries and decentralization (policies and laws)
           2. Local Government level for implementation
     Implications as well for fiscal decentralization (line ministries budget  local
      governments)




                      STRATEGIC AREA 3: SERVICE DELIVERY



Outcome    3.1: Increased efficiency and effectiveness in service delivery by local
     governments.



Observations:

     Improved service delivery is the overall objective outcome of the DIP
     Outputs are not all related to the outcome
     Outputs are not comprehensive for the increase of efficient and quality service
     3.1.5 (citizen score card) link to strategic area 7 (JADF)
     “last mile connection“ (What does that mean?)

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      too much emphasis on IT. Quality services are not only IT services
      Challenge: to link Imihigo to quality of services and downward accountability




                   STRATEGIC AREA 4: FISCAL DECENTRALISATION


As it had been discussed in the Sector, the elaboration of the new DIP might be an occasion
for clarification which the Ministry is leading the component. This might support accountability
and a linkage to PFM.


   Outcome:         4.1. An efficient and sustainable resource mobilisation base

                    4.2. Providing the resources for equitable development at the local level



   Fiscal         Decentralization  Strategy    Draft       November         2010:
      a) To develop an efficient and sustainable resource mobilization base
      b) To provide resources for a balanced and equitable local development
      c) To strengthen planning and management capacity at the local level using a
          participative approach


       One objective in the Fiscal Decentralization Strategy (“To strengthen planning and
       management capacity at the local level using a participative approach”) is not covered
       by the DIP.

       Also, it is not yet clear which role RRA should play in the collection of local revenues.
       Therefore, it is not yet clear if LGs need a computerized local revenue management
       system.




            STRATEGIC AREA 5: CAPACITY BUILDING OF LOCAL GOVERNMENT




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   P.16:     Need to give clarification on membership of CB technical working group to be

             creating NDIS



   Outcomes 5.1.Harmonised approach to capacity building established

               encompassing all stakeholders

              5.2. Adequate funding for demand driven capacity building in districts


   Observations:

      Multi-level approach: Intervention is also needed on the national level to ensure
       coherence;
      The DIP has to consider the Multi-dimensional approach of CD needed (individual,
       institutional, networks/cooperation, system);
      No linkage to the 5 years CB Strategy for LG (2011-2015);
      Institutional Framework for CB is not defined by DIP;
      Induction courses program are missing and should be introduced;
      Coaching/supervision system should be introduced;
      Funding mechanism? How to harmonize funding? Pooled Fund? This DIP should
       provide the orientation on these aspects.


   Suggestions:
   1. As part of the pillar on CB, it is mentioned that the HRM position in the Districts should
      be reinforced. Why only that position? Can the specificities be taken care of as part of
      the capacity building implementation plan while the DIP limits itself to the capacity
      building strategy and its main components?
   2. We suggest for CB to be the responsibility of all relevant district authorities rather than
      only that of the HR person.
   3. We note that the DIP suggests the creation of a CB technical working group. There has
      been various attempts at this and two of such meetings took place in May and in
      October 2010. It is important for NDIS and its partners to uphold their commitments to
      meet regularly and exchange on these issues.

From our general appreciation, in the DIP the capacity building component is weak/incomplete.
We do not see any “plan” for the coming third phase in the body of the report (at least general
guidelines as we know that details will be provided in implementation plan of LG CB Strategy).
The analysis seems to suggest that no analysis of the current assessment are either useful or


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can be updated (i.e.: RALGA has established a database on needs assessment-this is a good
resource to be used). The section lacks details on the “how”: the statements are very general.
We would like: demand driven and provided by either private sector or public sector.




                  STRATEGIC AREA 6: LOCAL ECONOMIC DEVELOPMENT




   Outcomes:

   6.1. Local governments play an active role in facilitating local economic development.
   6.2. Citizens are strongly engaged in income generating activities that are taxable to
      support service delivery and local governance.
   6.3. Women and youth are actively represented in the planning and budgeting process.
   6.4. Urban centres and cities develop in an organised manner with effective and efficient
      management and service delivery.


   Observations:

      Outcome 6.3. (women/youth) is related not only to LED, but rather linked to and
       important for other strategic areas;
      the section proposes some good ideas on women/youth but again we do not
       understand how they can be more active: what products are there?
      LG`s role is quite limited regarding active engagement in LED;
      Clear separation of roles LG and private sector is needed;
      Outcome 6.4. (urban centres) important, but not only for LED;
      Mandate MINALOC in social protection, does it fit under LED?
      The document makes reference to an “enabling environment” (see on page 16) for the
       LED to grow, but no elaboration on how to improve the environment (policy or
       frameworks?). For results related to economic development, it would be important to
       reinforce REMA to avoid slowing down the process where there is a construction of
       infrastructure and to ensure that quality environmental assessments are completed in a
       reasonable timeframe. We have seen a number of projects financed through some
       projects, like PAGOR, unnecessarily delayed because of the lack of timely assessment.



         STRATEGIC AREA 7: VOLUNTEERISM, PARTICIPATION, ACCOUNTABILITY AND
                                  DEMOCRATISATION

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Outcome

7.1. Citizens effectively participate in local governance
7.2. Volunteerism is popularised and embedded in Rwandan society norms and values
7.3. Citizens’ awareness and exercising of their political as well as their civic rights is
   improved
7.4. Role of civil society organizations (CSOs) in social, economic, and political
   development as well as collaboration with LGs is strengthened
7.5. Corruption incidences are significantly reduced during the term of the DIP


Observations:
 We appreciate the inclusion of civic participation and civil society within the plan, albeit
  with a limited role as implementers of service delivery for the latter;
 Need to clarify the perception of “civic participation” within the JADF and outside;
 Vision of strategic area 7 in 2015 is missing;
 Missing role of monitoring service delivery by claiming accountability through civil
  society (strategic area 3);
 Is the establishment of an anti-corruption advisory council on cell level a realistic
  possibility?
 The DIP has tried to address some key aspects of democracy pertinent to decentralised
  entities. However, there is less emphasis put on “voice”. This issue becomes important
  as, in the past, participation was more noticed in the implementation and less in the
  planning and decision making where citizen’s voice is highly needed. The element of
  voice can, among others, appear in the last pillar especially for the JADF which does
  not aim at coordination only, but raising the citizens’ voice in managing the community.
 For the last pillar, one of the sub-outputs says: “A practical guide to operational
  collaboration between CSOs and LGs is developed.” Why not consider the private
  sector as well, as it remains a key actor for local economic development?

Special Comments on Outcome 7.5:
 In regard to the number of incidents in LG, a base line should be established (which
  also defines what is measured) as soon as possible;
 The initiatives which are planned are mainly to raise awareness and facilitate
  discussions within the councils. Therefore, the first outcome might be that citizens feel
  more confident in addressing malpractice or corruption cases and the number of
  reported incidents increases.


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   Therefore, we suggest a discussion if the outcome should be formulated like this or if
    there are better formulations such as “citizens (increasingly) use the different
    mechanisms to reporte incidences and the cases are followed up”.
   Pursuing these cases will have a deterrent effect and this should not be neglected. It is
    understood that it is not integrated into the DIP as it is a Justice Sector affair.
    Nevertheless, a positive collaboration with NPPA and RNP, who have useful experience
    with trainings, raising awareness campaigns etc. should be mentioned.

P.28: DIP implementation arrangement: The role of JADF is not clear. As the JADF is to
   be a forum of dialogue for all actors, all stakeholders should be linked by an arrow on
   the chart (and not under local governments and NDIS only).




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    COMMENTS ON ANNEXE 1: DIP IMPLEMENTATION PLAN

       The table which contains details on the implementation plan, needs to be more realistic in setting the time
        requirements for the implementation of an activity. The more activities planned in a short period, the lower the
        chances they will be adequately implemented. The DIP should also attract stakeholders’ attention to the activities
        which need immediate attention while other activities might be implemented on a long term basis.

       Following table presents only the part of implementation plan where we made comments
               : New formulation proposed
               : Comments


    Outcome: 6.1 Urban centers and cities develop in an organized manner with effective and efficient management and
      service delivery.

   Output                               Activities                         Responsibility      Performance             Timelines   Budget
                                                                                                  Indicators

6.1.1  A strategic, multi-sector, ●Create      multi-sector     and   -MINALOC              Appointment letters for June, 2011     30,000
       and      multi-disciplinary multi-disciplinary        urban                          team members
       approach      to     urban development                   and   -MINECOFIN
       planning, investment, and management teams for all             -Districts
       development              is districts
       developed              and                                     -Line Ministries
       implemented.                Urban     management         and
                                   development is a full-time,
This output could concentrate professional job. We would
more on participation and assume that one or two
development     of    instruments professional urban planners,
which can allow sectors and per district, who would work
groups to bring their inputs and closely with the different
                                   sectors, will be most efficient.


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constrains into the    planning ●Develop urban development -MININFRA            Guidelines        handbook August, 2011
process/discussion,              guidelines                                     available

                                 ●Train urban development -MININFRA             Number of personnel in Continuous
                                 teams on the guidelines                        each District trained
                                                             -Districts
                                 Train urban planners on the
                                 guidelines.
6.1.2   Local         government ●Designate urban centres -MINALOC              Instrument   designating June, 2011       50,000
        structure in urban areas and towns                                      urban centres and towns
        and towns is reviewed
        and strengthened.        Shouldn’t this be incorporated
                                 in the Master- / Land-use-
                                 plans?
                                  ●Formulate urban centres -MINALOC             Structures available       June, 2011
                                 and towns LG structures
                                                                 -MIFOTRA
                                  Urban Government Structure
                                  versus Rural Government
                                  Structures should be clarified
                                  under this activity.

                                 ●Fill positions for the urban -MINALOC          Number      of   positions September,
                                  centres and towns LG                           filled                     2011
                                  structures                   -Towns’     Local
                                                               Governments
                                 Output 6.5.1 should be
                                 implemented       after   the
                                 structures of urban local
                                 governments      have    been
                                 developed.




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6.1.3   Master plans developed ●Design     land   use   master -MININFRA     Land use master plans December, 2011      3,000,000
        for designated urban plans                                           for all Districts and urban
        areas and towns.                                        -MINELA      centres are available

                                  ●Develop towns master plans   -MININFRA    Town master plans are December, 2011
                                                                             available

                                 ●Guide towns’ development -MININFRA         Number                 of Continuous
                                 as per master plan                          developments/investme
                                                                             nts as per master plan
                                 In addition to the town master
                                 plans a building code should
                                 be written to give guidelines
                                 for the implementation of the
                                 master plan.
6.1.4   At least 30% of the          ●Sensitize population on -MININFRA      Number and mode of Continuous             500,000
        population will live in          organized settlements               Sensitization campaigns
        urban areas and towns by                                -MINALOC     implemented
        2015 so as to keep pace  Why not just promote off farm
                                                                -Districts
        with the Government’s activities and ensure access
        2010-17 program targets. to job markets and trainings
                                 to give economic reasons to
                                 move to towns and urban
                                 centers?
                                 ●Develop         social   and MININFRA      -Number   of        projects Continuous
                                 economic infrastructure for                 implemented
                                 designated towns and urban
                                 areas                                       -Number        of   people
                                                                             staying in cities




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Strategic Area 7: Volunteerism, Participation, Accountability and Democratization

   Outcome: 7.5 Corruption incidences in LGs are significantly reduced during the term of the DIP

   Outputs                        Activities                             Responsibilities      Performance Indicators          Timelines    Budg

7.5.1 Anti-corruption advisory ●Appoint   anti-corruption    advisory -MINALOC              Lists of appointees                June, 2011      -
councils are established up councils
to the cell level                                                        -OMBUDSMAN         Number of meetings held by
                                                                                            Councils at each level

                              ●Jointly develop clear        terms   of   OMBUDSMAN          Terms of reference are available   June, 2011
                              reference to the councils
                                                                         CSOs
                              ●Jointly develop clear        terms   of
                              reference to the council                   MINALOC

7.5.2 Capacity building for ●Develop capacity building material OMBUDSMAN                   CAPACITY              BUILDING     September,   300,0
the            anti-corruption for the councils                                             MATERIALS                          2011
advisory councils to deliver
their mandate is conducted     ●Conduct capacity building       OMBUDSMAN                   Number of council members          Continuous
                                                                                            trained
                                                                         CSOs

7.5.3       Facilitate     and ●Encourage existing CSOs working          OMBUDSMAN          Number of CSO initiatives in the
encourage         CSOs      to on corruption and engage with them                           field of anti-corruption
effectively            address                                           MINALOC


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corruption                                                      CSOs

7.5.4 Sensitization packages ●Sensitization materials are updated   OMBUDSMAN   Updated sensitization materials   June, 2011   1,000
for citizens are updated and                                                    available and disseminated
sensitization      campaigns
against corruption conducted ● Sensitization campaigns against OMBUDSMAN        Number of people aware of how Continuous
                             corruption    and     for    reporting             corruption manifests itself
                             corruption cases are conducted         CSOs
                                                                                Number of people      reporting
                                                                                cases of corruption



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