CWSA TRIPLE-S PROJECTNATIONAL LEARNING ALLIANCE

PLATFORM MEETING HELD ON 27TH OCTOBER, 2011

THE ROLE OF LOCAL AUTHORITIES (MMDAs) IN THE PROVISION OF WATER AND SANITATION SERVICES

FOCUS ON ACTS 462 AND 564 AND RELATED FRAMEWORKS BY

ESTHER OFEI-ABOAGYE (ILGS)

Decentralization:Process by which a central government formally transfers powers to

actors and institutions at lower levels in a political- administrative hierarchy. It therefore involves the transfer of power, functions, means and competencies from central government to the sub-national structures.

Various forms of decentralization have implications for delivery of water and sanitation services, as our experiences have indicated:

• De-concentration• Devolution• Delegation• Fiscal and Economic• Privatization • Public-Private Partnerships

Benefits of Decentralization and Effective Local Governance

• Improved delivery of basic services for citizens at the local level• Through engagement of user groups more citizens’ participation

in delivery and quality of service; Better administrators suited to the locality; users’ monitoring of services

• Contribution to developing the local economy Engagement of local people as service-providers; opportunities to raise revenues to delivery high quality services; contribution to the economy;

• Framework for effective local level democracy local leaders engage with marginalized groups and promote accountability, inclusion and participation, the representation of citizens.

• A robust local governance strengthening linkages between local stakeholders in pursuit of the common services and priorities with sharing of roles, responsibilities and risks. Partnerships.

LEGISLATIVE FRAMEWORKConstitution in Section 240 (1) states that “Ghana shall have a

system of local government and administration which, shall as far as practicable, be decentralized”. Section 241 (3) reiterates that Subject to this Constitution, a District Assembly shall be the highest political authority in the district, and shall have deliberative, legislative and executive powers”.

• The Local Government Act, 1993 (Act 462) provides the core regulation for the administration of local governments in Ghana

• The National Development Planning (System) Act, 1994 (Act 480) lays out the development planning functions of MMDAs

• Community Water and Sanitation Act 1998 (Act 564)• Local Government Service Act, 2003 (Act 656) • Local Government (Departments of District Assemblies)

Commencement Instrument, 2009 (L.I 1961)

The Basic Mandate of Assemblies• Under the assembly system, local authorities have considerable

powers. Acts 462 and 480 designate the assembly as the local development planning authority.

Section 10 of Act 462 identifies the functions of an assembly.• (1) An assembly shall exercise political and administrative

authority in the District, provide guidance, give direction to and supervise all other administrative authorities.

• (2) for the above purposes, an assembly shall exercise deliberative, legislative and executive functions.

• (3) An assembly shall be • Responsible for the overall development of the district• Ensure the preparation and submission through the RCC,

development plans of the district to NDPC; and budgets to MOFEP for approval

• Formulate and execute plans, programmes, strategies for effective mobilization of resources necessary for the overall development of the district

• Promote and support productive activity and social development and remove any obstacles to initiative and development

• Initiate programmes for development of basic infrastructure and provide municipal works and services

• Be responsible for the development, improvement and management of human settlements and environment in the district .

• In cooperation with the appropriate national and local security agencies be responsible for the maintenance of security and public safety

• initiate, sponsor and undertake relevant studies to underpin their activities

Functions for the execution of approved development plans:

• Guide, encourage and support sub-district structures, public agencies and local communities to perform their roles in plan execution

• Initiate and encourage joint participation with other persons• Promote or encourage other persons or bodies to undertake

projects under approved development plans• Monitor execution of projects under approved plans and assess

and evaluate their impact on people’s development, local district and national economies

• Coordinate, integrate and harmonize execution of programmes and projects under approved development plans for the district and other development programmes promoted or carried out by MDAs, public corporations, statutory bodies and NGOs

Other Interesting Provisions in Act 462• 10 (6) assemblies shall be subject to the general guidance and

direction of the President on matters of national policy• Act in cooperation with the appropriate public corporation,

statutory body or NGO• It shall be the duty of such public corporation, statutory body or

organization to co-operate with the assembly• 11: Assembly shall be responsible for the preparation and

approval of its annual budget• 12: District assemblies as planning authorities shall perform

planning functions as shall be assigned to them• The instrument that establishes an assembly may confer

additional functions on the Assembly and provide for the relationship between that assembly and the Regional Coordinating Council

Key Actors in the Assembly System Interested in W and S• District Chief Executive (DCE)• Presiding Member (PM)• Member(s) of Parliament (MP)• Coordinating Director (DCD)• Assembly members both elected and appointed• Technical/Professional and supporting staffOther Actors in the LG Environment• Traditional authorities, Opinion and religious leaders• Economic associations and occupational groupings• Social groups and membership associations/faith-based• NGOs and CBOs in development projects• Organized labour/labour unions• Formal private sector• Media

Institutions and resources Various public agencies have been created to manage and

implement various programmes and projects on behalf of the Government of Ghana. The Ghana Water Company Limited (GWCL) is responsible for water supply to selected urban communities throughout the country

• The Community Water and Sanitation Agency (CWSA) responsible for water supply to rural communities and small towns as well as selected urban localities

• Originally, in the establishing instruments of the assemblies, they were required to collaborate with the designated public agency to deliver public utilities

• Assemblies have used Common Fund, now DDF resources to undertake water and sanitation services

• The Assemblies provide technical support and advice to the water boards and WATSAN committees and also monitors their activities

• Chiefs and opinion leaders oversee the nomination and selection of members onto the WATSAN Committee and also help in land acquisition for water and sanitation projects.

• Assembly Members and Member of Parliament as representatives of the citizenry provide support and technical advice to the water board and WATSAN committees

• Area Mechanics and Artisans maintain the machines and also advise on the types of equipment to purchase

• Community members are expected to ensure sustainability of the various project in their communities

Act 564: The Community Water and Sanitation (CWSA) Agency Act: The law makes support to and collaboration with assemblies central to the work of the Agency. Section 2 of the law (Object and functions) says:

• The object of the Agency is to facilitate the provision of safe water and related sanitation services to rural communities and small towns

• For these purposes, the agency shall provide support to district assemblies to (i) promote the sustainability of safe water supply and related sanitation services in rural communities and small towns (ii) enable the assemblies encourage the active involvement of communities, especially women in the design, planning, construction and community management of projects related to safe water supply and related sanitation services.

Other functions relating to safe water supply and sanitation services in rural communities and small towns include

• Formulation of strategies for effective mobilization of resources for execution of programmes

• Encourage private sector participation • Provide assemblies with technical assistance in planning and

execution• Assist and coordinate with NGOs engaged in the above and

hygiene education• Initiate and collaborate with Mins. of LGRD, EST, MOH and MOE,

formal and non-formal programmes for awareness creation of water related hazards

• Prescribe standards and guidelines for safe water supply and provision of related services and support assemblies to ensure compliance by suppliers of services

• Charge reasonable fees for services provided

• Collaborate with international agencies as necessary• Perform any other related functions• In its functions, act in conjunction, collaborate and

cooperate with Water Resources Commission, EPA, Ghana Water [and Sewerage] Company, public and private bodies, all government departments, other agencies as shall be required.

• It is in this regard, and amongst other functions that the CWSA builds the capacity of the District Water and Sanitation Team and WATSAN members in various communities

NOTES

DUR - Department of Urban Roads

DFR - Department of Feeder Roads

DWD - District Works Department

DPCU - District Planning Coordinating Unit

DWST - District Water and Sanitation Team

EHMD - Environmental Health and Management Department

HSD - Hydrological Services Department

Z/T/AC - Zonal, Town & Area Council

MLGRD - Ministry of Local Government, Rural Development

MOT - Ministry of Transport

MWRWH - Ministry of Water Resources, Works & Housing

PBME - Planning Budgeting, Monitoring & Evaluation

Regional Offices Regional

Offices

MLGRD MWRWH

Water Directorate

WRC GWCLCWSA

PBME

Directorate

Policy Directorate

EHS Directorate

CustomersCustomers

District Assemblies

EHMD DWD

Private Sector, NGOs

Private Sector, NGOs

CommunitiesCommunities

Accountability

Interaction

Donor Funds

MoT

DPCU

(DWST)

Z/T/AC

HSD DUR

REHSDs

DFR

Regional Offices

Metropolitan /Zonal Units

Regional Offices

Decentralised Services Delivery

• The creation of the Water Directorate in 2004 responsible for the overall coordination of water sector activities in the country and leading the sector in order to achieve the national targets for water and the MDGs.

• The approval of the National Water Policy (NWP) by Cabinet in 2007 and its launch in early 2008 to provide a framework for the sustainable development of Ghana’s water resources.

• The Strategic Sector Development Plan (SSDP) to facilitate the Implementation of the NWP. Strategic Investment Plans for urban water developed by the Ghana Water Company Limited. Strategic Investment Plans for rural water developed by the Community Water and sanitation Agency (CWSA) and the National Community Water Strategy (NCWS)

• National Environmental Sanitation Strategy and Action Plan (NESSAP) and the Strategic Environmental Sanitation Investment Plan (SESIP) developed by the Ministry of Local Government and Rural Development (MLGRD)

ROLES AND CAPACITY REQUIREMENTS

District Assemblies, District Water Sanitation Teams, WB, Consultants, contractors, NGOs

Regional Coordinating Council, Regional Water and sanitation Team, contractors and consultants, NGOs

MWRWH, MLGRD, CWSA, WRC, PURC, GWCL, Contractors and consultants

Urban/Town/Area Councils, Unit Committees, Watsans, Area Mechanics, Latrine Artisans

National level

Regional Level

District Level

Sub-District Level •Planning

•O&M•Full financing of O&M

•Ownership & Mgt •Planning•Procurement and contract Mgt•Monitoring and supervision•TAs to Watsans

•Policy formulationFacilitationCoordinationStandardisation

•High level TAs•On the job Coaching•M&E•Procurement

Source: WELL/TREND Group (2006) “Fact Sheet on Capacity Development’,

Some priorities arising from these arrangements • Fostering political and bureaucratic will at the local level to

sustain the facilities• Bridging capacity gaps of the DWSTs, WSB and WATSANs and in

particular, prioritizing funding for their training and delivering WASH by MMDAs

• Recruiting adequate, trained water and sanitation professionals for the local level

• Settling issues of user fees – affordable fees on which there is consensus at the local level

• Enhancing record keeping at the local level Accountability is crucial.

• Building trust among WATSAN Committees • Ensuring “voice” for marginalized and vulnerable, and women. • Issue of literacy and selection for WATSAN committee (issue of

illiteracy)

• Land acquisition for WASH services including payment of royalties and compensations

• Urban concerns: delays in the payment of water bills, illegal connections, urban population service

• Climate Change (Floods and Droughts)

New considerations1.Water and sanitation as a right and the

implications in the – Decentralization policy framework– New thrusts and strategies for rolling-out the MDGs– New administrative arrangements for assemblies in

Ghana under LI 1961

The new 2010 Decentralization Policy Framework with the ffg themes has implications for WASH1. Political decentralization and legal issues;2. Administrative decentralization;3. Decentralized development planning;4. Spatial planning, environmental management and natural

resource management;5. Local economic development;6. Fiscal decentralization;7. Popular participation and accountability;8. A social agenda;9. Involvement of non-state actors in local governance10.Harmonizing development partner interventions.

New thrusts and strategies for rolling-out the MDGsThe last phase, UN Millennium Strategy aims at:• People’s movement for the MDGs growing in strength

and power• Citizens’ monitoring of MDG entitlements at the local

level being scaled up• Government policy and practices increasingly fulfilling

MDG entitlements.The Millennium Campaign is seeking to build partnerships

with local authorities because they provide basic services and are often at the closest point at which to demand accountability.

• UNDP working with local partners on MDG Acceleration Frameworks:

Key factors that have been found to promote the achievement of the MDGs include

1.Political commitment, will and demonstrated leadership

2.Investments in the key priorities3.Ensuring technical capacities at the decentralized

level4.Building broad based alliances and partnerships5.Collaboration at all levels, all sectors of

economies and partnerships built between governments and other stakeholders

The key MDG priority activities for the Africa Region are:• Advocate decent work as a major way of ending extreme poverty• Support integration of MDGs into local plans and budgets• Build and support virtual networks of youth activists• Support to key coalitions and campaigns including faith-based,

women’s youth and disabilities groups• Encourage local government authorities to improve service

delivery at the local level with citizen monitoring and open budget and procurement processes

• Support MPs and local government authorities to actively promote the MDGs and hold governments to account

• Use local elections and voice mechanisms as opportunities to advance the anti-poverty agenda

• Promote the use of mobile phone technology as a tool for local monitoring. How can we pursue this agenda in WASH?

LI 1961: Local Government (Departments of District Assemblies) Commencement Instrument 2009.

• Came into force on 25th February, 2010. • LI 1961 provides for the conversion of departments into

departments of assemblies. It triggers off the establishment of departments of MMDAs with

• The commencement of functioning of decentralized departments as departments of MMDAs

• The transfer of functions to relevant departments of assemblies

• The operationalization of the composite budgeting system which is provided for in Act 462 by integrating the budgets of the departments into that of the assembly

• The transfer of the staff of the Departments of the Assemblies from the Civil Service to the Local Government Service.

• It commences the functioning of existing and non existing decentralised departments at the district level as departments of the District Assemblies: category 1 departments is immediate;

• Introduces composite budget system at the district level by integrating the budgets of the departments into the budget of the District Assemblies

• The deepening of administrative decentralization through the recent symbolic transfer of about 30,000 civil servants from the civil service to the local government service.

• Nationwide roll-out of composite budgeting anticipated in 2012• Next steps include the amendment of the category II-related

legislation to integrate those departments into the MMDAs

FIRST SCHEDULE SECOND SCHEDULECentral Administration Physical Planning DepartmentWorks Department Dept. of Trade and IndustryPhysical Planning Department Finance DepartmentTrade and Industry Education, Youth and SportsDepartment of Agriculture Disaster Prevention and

Management DepartmentSoc. Welfare &Community Dev. Natural Resources Conservation;

Forestry, Game and Wildlife Legal Department District Health DepartmentWaste Management DepartmentUrban Roads DepartmentBudgeting and Rating DepartmentTransport Department

PROVISIONS FOR WORKS DEPT IN LI1961• Policy formulation and programmes on district works; • preparation of tender documents for civil works

projects; • facilitation of construction, repair and maintenance of

public roads, drains, diversions and alternations of streets

• Assisting to build, equipping, closing, maintaining markets and prohibition of stalls in places other markets

• Facilitation of adequate and wholesome supply of potable water

• Advising assembly on digging prohibitions• Facilitating provision of street lighting in consultation

with Electricity Company• Advising owners of premises to remove or trim

vegetation interfering with traffic, wires, works; removal of dilapidated buildings; nuisances

• Protection or preventing obstructions to fire hydrants• Providing technical advice for machinery and structural

layouts to facilitate escape from fire, rescue operations and fire management

Natural Resources Conservation Department• Advise on prohibition, restriction or regulation of the hunting,

capture, killing or sale of animals or any other species• Advise on natural resource management, protection of forest

and water resources, river sources, pollution• Assist assembly in natural environment, preservation and

protection

Physical Planning Department• Advise assembly on land use and development planning• Coordinate departments and agencies, NGOs to ensure

compliance with planning standards• Advise on construction of public, private buildings and

structures• Ensure prohibition of unapproved structures

Under LI 1961: The District Department of Health • Facilitate collection and analysis of data on health• Promote and encourage good health and sanitation• Assist in education of residents of the district on sanitation

and personal hygiene• Facilitate and assist in regular inspection of the district for

detection of nuisance of any condition likely to be offensive or injurious to human health

• Assist in efficient management of clinical care, community health care and environmental health service in the district infrastructure

• Assist to establish, install, build and control public latrines, lavatories, urinals and wash places (and associated responsibilities for licencing and monitoring)

• Assist to establish, maintain and carry out services for removal and treatment of liquid waste (and associated monitoring and regulation)

• Assist to establish, maintain and carry out removal and disposal of refuse, filth and carcasses of dead animals from public places (and associated monitoring and regulation)

• Facilitate supervision and control of manufacture of foodstuffs and liquids of any kind intended for human consumption

• Assist to provide, maintain, supervise and control slaughter houses and pounds and all such matters and things as may be necessary for the convenient use of such slaughter houses

• Advise on the prevention of the spreading and extermination of tsetse fly, mosquitoes, rats, bugs and other vermin in the district

The Waste Management Department is mandated to provide facilities, infrastructural services and programmes for effective and efficient waste management for the improvement in environmental sanitation, protection of the environment and the promotion of public health

• Service toilets and dispose of human waste collected from public and private sanitary facilities

• Provide technical support on private provision of the above to the assembly

• Supervise and control the operation of cesspool emptiers and allied equipment

• Receive and provide adequate treatment and effective disposal of both solid and liquid waste (and provide compost manure)

• Supervise the cleansing of drains, streets and markets, car parks• Inspect and maintain sanitary facilities and advice on recycling

and use of waste materials