Research Key

Examining how Decentralisation can be used to achieve development in Cameroon.

Project Details

Department
LAW
Project ID
L218
Price
5000XAF
International: $20
No of pages
50
Instruments/method
QUANTITATIVE
Reference
YES
Analytical tool
DESCRIPTIVE
Format
 MS Word & PDF
Chapters
1-5

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OR

CHAPTER ONE
GENERAL INTRODUCTION

This Chapter gives an introductory overview of the study. It dwells explicitly on the background to the study, the statement of the research problem, the research questions, the objectives of the study, the research methodology, the justification for the study, the significance of the study and the scope of the study. Equally, the Chapter reviews what other scholars have written on Decentralisation and development, which is relevant to our work.

The Chapter also examines the various theories upon which the work is based and defines all pertinent terms of the thesis. It ends up giving a summary of the other chapters.

1.1 BACKGROUND TO THE STUDY

Decentralisation is generally pursued because of the positive impacts on development. In any country, irrespective of its level of development, discussions about the relationship between Decentralisation and development tend to take the form of vague and often rhetorical generalisations and assertions which seldom lead to any clear conclusions . It has become a recurring theme in political and administrative discourse .

Decentralisation has been accorded different meanings and interpretations, especially among social scientists . It is a generic concept for various forms of structural arrangements by which power and resources are distributed to facilitate the effective coordination of managerial functions . Decentralisation involves political, administrative, and fiscal reforms to increase local administrations’ decision-making capacity and development efficiency by redistributing powers and resources between organisational levels . Decentralisation is perceived as the institutional and financial means through which regional and local governments operate to foster local development and governance with the active involvement of the population . Decentralisation contributes to combatting corruption and alleviating poverty .

There are three primary forms of Decentralisation. They include political, administrative and financial Decentralisation. The political dimension consists of the transfer of state administration, legislative authority and judicial autonomy to local governments. The administrative dimension refers to transferring some classical state functions to autonomous public institutions. The fiscal dimension includes intergovernmental fiscal relations in countries where constitutional and statutory powers of taxation, budget and expenditure rights are given to local authorities .

It should be noted here that this work focuses on administrative Decentralisation. Administrative Decentralisation has three major forms namely: deconcentration, delegation, and devolution, each with different characteristics. Even though the work focuses on administrative Decentralisation, the focus is on devolution since Regional and Municipal Councils fall within this subcategory.

The wave of Decentralisation in Africa started between the late 1980s and early 1990s, often in the context of public sector reforms associated with structural adjustment programmes. Countries like Uganda, Ghana, Nigeria, Botswana, Côte d’Ivoire, Kenya and Tanzania were among the first to include Decentralisation in their public sector reform packages . Africa represents a huge challenge to the process of Decentralisation. The pace of transformation is very uneven across countries . In Africa, decentralisation reforms have been pursued to improve government efficiency and make policy more responsive to the needs of local people, particularly the poor .

Decentralisation has often been used to expand the ruling elite’s power to local levels or neutralise formidable forces emerging from below . Most governments in Africa and some proponents of Decentralisation in developing countries share the view that local government may be a major vehicle for specific poverty alleviation policies, such as the distribution of basic food to the poorest segments of the population or the implementation of growth-inducing policies, through the mobilisation of local resources and increased participation .
In Cameroon, Decentralisation was introduced by the Cameroon Constitution of 18th January 1996 as amended in 2008 . This Constitution made Cameroon a decentralised unitary state. Article 1(2) of the Constitution provides that “The Republic of Cameroon shall be a decentralised unitary State. It shall be one and indivisible, secular, democratic and dedicated to social service”.

Recently, in 2019, a Law on Decentralisation was passed. The main push for enacting this Law was due to the ongoing war in the English Speaking Regions, the country’s North West and South West Regions. It came into existence after the Major National Dialogue held in the country’s capital city of Yaoundé from 30th September to 04th October 2019. It is put in place to fast-track decentralisation effectively. By Section 5 of the Law, Decentralisation shall consist of devolution by the State of extraordinary powers and appropriate resources to local authorities.

It shall constitute the elemental driving force for promoting development, democracy and good governance at the local level.
As per the Cameroon Constitution of 18th January 1996, the various decentralised institutions are the Regional and Municipal Councils. The Constitution has defined the legal system and stated the general principles of Decentralisation in Cameroon . Article 55(1) of the said Constitution provides that “Regional and local authorities of the Republic shall comprise Regions and Councils. Any other such authority shall be created by Law.”

The phrase “Any other such authority shall be created by law” makes it possible for other decentralised institutions of the exact nature as those mentioned by the Constitution to be created by Law. This, therefore, justifies the creation of City Councils by the 2019 Law on Decentralisation . Section 240 of the 2019 Law states that “(1) On account of their peculiarity, some urban centres maybe raised to city councils by decree of the President of the Republic which shall determine their seats and territorial jurisdiction. 2) The city council shall be a local authority composed of at least 2 (two) councils. (3) The councils that make up the city council shall be referred to as sub-divisional councils. (4) The city council shall be referred to “City” immediately preceded by the name of the urban centre concerned.” This provision, therefore, adds city councils to the list of decentralised authorities in Cameroon. This institution is empowered to take decisions on inter-council collaboration, major works and structuring projects .

Any power or resource relating to inter-council projects by nature or purpose, infrastructure transferred to the city council, built or developed by the latter, as well as infrastructure that, on account of its geographical location or symbolic or economic importance, is open to use by the inhabitants of many sub-divisional councils .
Therefore, decentralised authorities in Cameroon include the Mayors who head Municipal Councils, City Mayors who handle City Councils and the Regional Presidents who control the Regional Councils. They derive their powers through universal suffrage. Article 55(3) of Cameroon’s Constitution states, “The State shall exercise supervisory powers over regional and local authorities, under conditions laid down by law.”

And sub Sections 4 and 5 indicate that the State shall ensure the harmonious development of all the Regional and Local Authorities (RLAs) based on national solidarity, regional potentials and inter-regional balance, and the organisation, functioning, and financial regulations of Regional and Local Authorities (RLAs) shall be defined by Law. It should be noted here that the 2019 Law on Decentralisation has defined the organisation, functioning and financial regulations of RLAs.
The practice in Cameroon is that the central power is responsible for designing the decentralisation policy and regulating the same to guarantee maximum functioning. In this connection, the Ministry of Decentralization ensures supervision of the decentralisation policy. It is incredibly responsible for: drafting and monitoring the implementation of the Law on the organisation and functioning of Regional and Local Authorities (RLAs), exercising supervisory authority over RLAs under the control of the President of the Republic, and strengthening the financial autonomy of councils.

It exercises supervisory authority over the Special Council Fund for Mutual Assistance (FEICOM) and the Local Government Training Centre (CEFAM), which has been transformed into the National School for Local Administration (NASLA). The National Decentralization Council, chaired by the Prime Minister, is responsible for monitoring and assessing the implementation of Decentralisation .
Development, on the other hand, means a social change that allows people to achieve their human potential. The term “development” means different things to different people and can be explained in other contexts . It is a multidimensional concept. It includes economic, social, cultural and political dimensions.

The United Nations Development Programme (UNDP) conceived development in terms of “human development” .
Todaro defines development “as a multidimensional process involving major changes in social structures, popular attitudes, and national institutions, as well as the acceleration of economic growth, the reduction of inequality, and the eradication of absolute poverty. Development, in its essence, must represent the whole gamut of change by which an entire social system, tuned to the diverse basic needs and desires of individuals and social groups within that system, moves away from a condition of life widely perceived as unsatisfactory and toward a situation or condition of life regarded as materially and spiritually ‘better’”.

Todaro believes there are three core values of development: life sustenance, self-esteem and freedom to choose.
Development is, therefore, very relevant in every society. This is because citizens enjoy higher living standards in every developed community. The concept of development was included in Article 55 of the Charter of the United Nations, which calls on the United Nations to promote, among other things, “higher standards of living, full employment, and conditions of economic and social progress and development”.

Development is therefore guaranteed as a human right, particularly in Africa, where it is legally recognised and protected by the African Charter. Article 22 of the Charter provides that “1. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. 2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development.” This entitlement grants them the right to participate in the development process meaningfully and to enjoy a fair distribution of the development gains. Thus, concerning corrupt practices that often compromise the exercise and enjoyment of the right to development in Africa, aggrieved peoples are entitled to seek a remedy for violations under Article 22 of the African Charter .

The urge to develop the African continent immediately after independence pushed the immediate post-colonial African leaders into experimenting with different developmental systems. Some of these leaders copied the Western systems in operation then, while others adapted and adopted them . Although Africa is relatively rich in natural resources, development strategies pursued in the continent have not always been in harmony to ensure decent living conditions for the population and maintain a high environmental quality .

Decentralisation was introduced in Cameroon following the coming into force of the Cameroon Constitution of 18th January 1996. Decentralised institutions relevant to this study are Regional and Municipal Councils specifically the Buea Municipal Council. The role played by this decentralised institution in the SubDivision’s development is critically examined in this work. This work, therefore, examines how Decentralisation can be used to achieve development in the country.
1.2 STATEMENT OF THE RESEARCH PROBLEM
Decentralised authorities control enormous powers, both executive, political and judiciary. Examining the powers of Decentralised authorities in Cameroon, one could deduce problems they face while exercising their powers. These problems are mainly because the powers of the Decentralised authorities are seen to conflict with that of many other administrative officials in deconcentration and devolution as organisational practices. A mayor’s powers seem to conflict with that of a government delegate and even administrative authorities like the divisional officers and senior divisional officers. The Regional President’s powers seem to conflict with that of the Governor, who has the final say in the region. Sometimes, these powers conflict is such an issue that poses problems to a municipality or a region . The conflict harms development. This is because most developmental projects are suspended when there are disagreements between the authorities.
Another problem which motivates this research is the financial power of Regional and Local Authorities (RLAs). RLAs are designed to be agents of local development. For them to effectively achieve feasible growth, the Law makes them financially autonomous. This means they have the power to raise revenue to carry out their projects. This is not the case, as RLAs do not enjoy real financial powers. It is, therefore, imperative to investigate how the lack of financial power hampers the realisation of development by RLAs in Cameroon and what can be done to remedy the situation.
1.3 RESEARCH QUESTIONS
This work answers the following questions:
1.3.1 Main Research question
How can Decentralisation be used to achieve development in Cameroon?
1.3.2 Specific research questions
 What are the concepts of Decentralisation and development?
 Which laws, institutions and policies govern Decentralisation for development in Cameroon?
 What is the evolution and role of the Buea Municipal Council in Fako Division?
 How effective is the Municipal Council of Buea in promoting Development?
 Are there policy recommendations on how Decentralisation can be used to effectively achieve development in Cameroon?
1.4 OBJECTIVES OF THE RESEARCH

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