Presentation on theme: "2013 Timor-Leste Update November 2013"— Presentation transcript:
1 Decentralization Policy Issues and Challenges in Timor-Leste: A grassroots perspective 2013 Timor-Leste Update November 2013Satornino Amaral Local Governance Coordinator The Asia Foundation Timor-Leste
2 Key Questions: Why Decentralization? What has the government done for decentralization?What do people say about decentralization?What are the recent political interventions?What is the current situation?
3 1. Why Decentralization? The main objectives are to: Promote strong institutions, legitimate and stable state across the territory of Timor-Leste;Promote opportunities for local participation;Promote more effective, efficient and equitable public service delivery.Outcome:a) Eradicate poverty throughout the national territory;b) Ensure environmental sustainability;c) Promote gender equality
4 Legal Framework RDTL Constitution Article 5.1: The Principle of Administrative Decentralization as a fundamental aspect of the territorial organization of the State.Article 63 –Political participationArticle 71 – Administrative OrganizationsArticle 72 – Local Government- Organization, Competencies, functions and the compositions of local government structure will be determine by law.
5 2. What has the Government done? A. 1st – 3rd Constitutional Government (2002 – 2007)Decentralization policy preparation – CM approved technical working groupConducted study on local governance options study andApproved decentralization strategic frameworkB. 4th Constitutional Government (2007 – 2012)Revised strategic frame work II;CM approved draft laws and submitted to NP (on Administrative and Territorial Division, Local Government Law and Municipal Elections Law (not approved)C. 5th Constitutional government (2012 – 2017)Established SEDA and SEDL under MAERevised decentralization laws and drafted another 7 lawsNationwide consultation
6 Drafted and Proposed laws under SEDA: 1. Law on Local Government and Administrative Decentralization2. Law for Local Government Election3. Law on Finance, Assets and ProcurementsRevised Law on Territorial Division (Law n.º 11/2009, October 7, 2009)4. Law on Political PartyDecree Law on Pre Deconcentration approved by CM in August 20135. Decree Law about Technical Support for Electoral Secretariat (STAE)6. Decree Law on the Establishment of the Structure for the Installation of Municipals7. Decree Law on the Status, Carrier and Remuneration of Public Servant of Local Government
7 Local Administration model/options (Result of LGOS): Status quoRegion or ProvinceSub district with administration unitRegion and sub district aggregated (opted by I-III government)District (opted by IV –V government)Suco / Village
8 3. What do people say about Decentralization 3. What do people say about Decentralization? (main issues and challenges)Main concern/issues:Nationwide RTMBringing government closer to people in remote areaLack of human and financial resourcesPotential corruption at sub national levelNo gender inclusiveness in the law (women issue)Joint Research with MAE on Status of Community LeadersDirect relationship with municipality but not part of government structureAdvisory board to the municipality assembly
9 What do people say about Decentralization? (cont’d) Main Challenges:Political Willingness and Perceptions:Limited willingness to decentralizePerceptions that local people lack capacityPolicy Formation:Policy developed based on trial and errorUnclear criteria for the establishment of municipalities
10 4. What are the recent political interventions? The CM has approved pre – deconcentration decree law and submitted to the President’s Office for promulgationTAF supported NDF which involves community leaders, district and national NGOs and other stakeholders and submitted a resolution to the Office of the President, CM, and SEDACM has sent back response to NDR resolutionPresident has sent back the Decree Law to CM office for review as result of NDF resolution
11 Piloting Administrative Decentralization: Decree Law on Pre-Deconcentration Structure ( onward)
12 5. What is the current situation? Government (MAE – SEDA) is revising the DL on pre - deconcentrationImplementation of the Pre – Deconcentration will be done consecutivelyThe government is revising the law no. 11/2009 on territorial division (sent to CM)The government is now about to revise also community leaders law (law no 3/2009)