The long-awaited Local Government Commission will not be in place by this month as initially stated but it should be set up by the end of June, according to Minister of Communities Ronald Bulkan.
Cabinet is yet to consider candidates for the body, Bulkan disclosed last week. He told Stabroek News that the lack of suitable accommodation is also hampering the setting up of the Commission. “We are trying to locate suitable premises,” he said.
In December, Bulkan had told Stabroek News that the Commission was expected to be put in place this month. “The commission is expected to become operational sometime in March,” he had said while adding that provision for the funding of the Commission would be included in the 2016 budget and once the 2016 Appropriation Act is approved, it would allow for the establishment and functioning of the Commission. The budget was approved last month.
Bulkan had also said that all the details and logistics for the Commission were being addressed by the ministry. He had noted that among other things, the commission will have responsibility for regulation and staffing of local government organs so it means that a number of officers who are currently part of the ministry who have responsibility for staffing issues and day-to-day oversight will be transferred to the commission.
The commission will be made up of eight members, four nominated by government, one from unions operating in the local government sector and three from the leader of the opposition.
Government already had a shortlist of “competent and qualified candidates,” Bulkan said at the time.
Last week the minister identified the locating of suitable accommodation as the main issue but also disclosed that Cabinet has yet to consider candidates. Asked if the four candidates to be chosen by government were definitively identified, he said this is still in process.
The minister also noted that the opposition and the unions would have to be invited to submit their nominations and they have not been invited as yet. He said the signing of the Commencement Order would be the last step.
According to Bulkan, identifying a suitable location would happen “sooner rather than later” and he said the setting up of the Commission would occur “within about three months.” The funding is in place, he noted.
It has been over two years since laws providing for the establishment of a Local Government Commission were passed. While in opposition, both APNU and the AFC had made calls for it to be set up.
The Commission is provided for in Guyana’s Constitution. Article 78 (a) reads: “Parliament shall establish a Local Government Commission, the composition and rules of which empower the commission to deal with as it deems fit, all matters related to the regulation and staffing of local government organs and with dispute resolution within and between local government organs.”
The Commission’s functions, outlined at clause 13. (1) of the Act, says that the Commission shall have power to deal with all matters relating to the regulation and staffing of local government organs including employment and dismissal of staff and with dispute resolution within and between local government organs, and in particular, shall monitor and review the performance and implementation of policies of all local government organs, including policies of taxation and protection of the environment;
It also has the power to monitor, evaluate and make recommendations on policies, procedures and practices of all local government organs in order to promote effective local governance; investigate any matter under its purview and propose remedial action to the Minister, whenever or wherever necessary; monitor and review all existing and proposed legislation, and or policies and measures relating to local government organs and to make recommendations for any legislation or any amendments to any legislation and or policy to the Minister; and examine and propose ways of enhancing the capacity of local government organs.
The Commission will oversee not only municipalities and neighbourhood democratic councils (NDCs) but also Regional Democratic Councils as well as Amerindian Villages. The Act, at Clause 13 (5) states that in the discharge of its functions the Commission shall have regard to the provisions of the Municipal and District Councils Act (Cap. 28:01), the Local Government Act (Cap. 28:02), the Local Democratic Organs Act (Cap. 28:09), the Amerindian Act (Cap. 29:01), and any other provisions bearing on matters of local government.
After an absence of almost 22 years, local government elections were held on March 18 with the APNU+AFC coalition winning the majority of the municipalities but the PPP/C won most of the NDCs.
In this year’s budget, $401 million has been approved for subventions to municipalities and NDCs. Bulkan had told the House that $146 million will be for the nine municipalities while the remaining $248 million will support the 62 NDCs. He had told the House that the Fiscal Transfers Act was used in determining the level of transfers that will be made to each individual local democratic organ.
The Government Information Agency had reported that according to Bulkan, the Fiscal Transfers Act does not mandate central government to provide funding to local government organs but rather it outlines a formula for organs to access budgetary allocations.
Bulkan emphasised to Stabroek News that the overall sum provided is at the discretion of central government but the Act sets out a formula that would be used to determine how much funding each local government body would receive from this sum.
