Decentralisation is not a system

Nov 07, 2004

Mr. Mayanja Nkangi was spot-on when he advised in his article of October 28 that decentralisation is not federalism.

Mr. Mayanja Nkangi was spot-on when he advised in his article of October 28 that decentralisation is not federalism.
He aptly observed that the choice facing Ugandans under the pending constitutional reforms is between freedom and independence to manage affairs which immediately affect their communities in their regions under federalism and the mutual lack of independence under decentralisation.
Many Ugandans harbour the illusion that independence which we attained in 1962 as a country stopped at the level of the central government where Africans replaced white officers in the management of our affairs. Ideally this notion of independence should trickle down to the lowest administrative unit.
Although decentralisation has helped promote this notion it must be viewed in its context as a process which gained credence in Europe after the Second World War through which functions and responsibilities which had been centralised between the two wars as a result of national insecurity were returned to local centres.
Decentralisation is a process not a system. In countries like Italy and the United Kingdom decentralisation has led to total autonomy in some regions. Today Scotland has its own parliament, cabinet and currency through devolution of power from London. What we learn from such cases is that regional autonomy can now be achieved without first dismembering the country as was the case here in 1962.
As a process of returning responsibilities to the periphery decentralisation has three stages:
lDecongestion: this is the early stage in which government departments open branches in the regions with a measure of administrative autonomy.
l Delegation: this is when government functions and responsibilities coupled with delegated power which can be withdrawn at government’s pleasure are transferred to centres it designates itself such as our present districts.
lDevolution: the stage at which government lets go of some of its powers and functions to regions created by the people themselves and allows them total freedom to manage their affairs within an agreed constitutional framework.
While it is correct therefore to say that decentralisation in Uganda has given a measure of power to the people to manage their affairs, it is not correct to say, as some people do, that decentralisation is preferable
to federalism. Decentralisation is just a route to internal
independence just as our self-government in 1961 was a route to our national independence in 1962.
Constitutions are not static. they have to grow and therefore having experienced delegated powers with all its draw-backs during the last 10 years we should rise to the occasion and critically look at the next and logical stage of our constitutional development which is devolution or federalism.
Article 178 of the constitution provides us with a window through which federalism or devolution can be introduced once necessary amendments are put in place. However, the unsuccessful experience of Busoga in trying to form a regional block should warn us about the need for proper guidance and facilitation.
It is also apparent that the minimum number of two districts required under Article 178 to form a region is too small if we are to remove the fear that Buganda will be too big a region for the rest. For this reason it is proposed that:
lWe return to the colonial provinces of Western, Northern, Eastern and Central as the starting point in our quest for regional autonomy.
lTo ensure uniformity Parliament should design a national prototype constitution for the four regions which can be modified in form and not substance to cater for regional peculiarities as was the case for the Indian provinces in 1947.
lA minimum of four districts whose boundaries are contiguous should be able to form a province with the door being left open for late joining by other districts.
lEach district, regardless of size, should send three representatives to the provincial councils who will initially be elected by district councils sitting as electoral colleges.
lThe Attorney General or his appointed agents should assist in rendering legal advice in the establishment of regional governments.
If it is true as Prof Semakula Kiwanuka claims that Buganda was offered sh1b to run its regional government a similar sum should be provided for each of the other three provincial governments. This will obviate the perennial complaint about Buganda being given special treatment.
Lastly, the kingdoms of Toro, Bunyoro and Busoga should be free to make their proposals as to how to fit in the above scheme. After all we are, at the end of the day, seeking a new foundation for our nationhood which will satisfy everybody.

The writer is a
lawyer in Kampala

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