Increased Citizens’ Participation For ‘Better City, Better Life’

INTRODUCTION

The United Nations in 1995 set aside the first Monday of October every year as World Habitat Day to reflect on the state of towns and cities. The day also offers opportunities for thinking about the basic right of all to adequate shelter and serves as a reminder to the world of its collective responsibility for the future of the human habitat. The chosen theme for this year by the United Nations Human Settlements Programme (UN-Habitat) is “Better city, better life” on October 4, 2010. Interestingly, the local theme for the country is “Stakeholder Consultation in the Creation of Inclusive Cities”.

Key issues such a day offers for contemplation include making our urban environments better and smarter in terms of poverty reduction, crime, fuel consumption, pollution and waste management. Others include sustainable urban development that harnesses potentials and possibilities, mitigates inequalities and disparities, and provides a home for people of all cultures and ages, both rich and poor.

For us in Ghana, the issues of rapid urbanization and its attendant challenges calls for bold and pragmatic measures. One sure way for meeting challenges posed by urbanization is to strengthen our local governance system. As a country, our legal regime allows for free movement therefore the phenomenon of urbanization where the physical and population growth of urban areas from rural areas with a resulting change in density is only bound to continue. At a time that the country is increasingly seeking solutions towards running an effective decentralized system of local government it is important the voice of the poor and disadvantaged is heard and considered towards building inclusive cities.

The measure of any decentralized governance system can be associated with the level of participation of the citizenry in terms of the numbers participating in the elections, representative bodies and associations. Also this must be reflected in the social scope of the participants particularly whether the groups are inclusive of the poor and disadvantaged. It must be stated however, without equivocation that no assumption can be made that empowerment and policy responsiveness automatically follow either from increasing participation or from increasing representation of the poor and disadvantaged.

LEGAL FRAMEWORK

The legal framework of Ghana envisages greater participation of all the citizenry in local governance. The 1992 Constitution of the Republic of Ghana makes it obligatory on the part of Metropolitan, Municipal and District Assemblies (MMDAs) to involve the people in their areas of jurisdiction in their activities to facilitate true accountability. Chapter 20, Article 240 (2) (e) of the Constitution states:

“to ensure the accountability of local authorities, people in particular local government areas shall, as far as practicable, be afforded the opportunity to participate effectively in their governance”.

The Local Government Act, 1993 (Act 462) also mandates MMDAs to ensure accountability by the involvement of the citizenry in the governance and development planning of their area. Section 10 (4) of the Act states:

...it shall be the responsibility of a District Assembly to take such steps and measures as are necessary and expedient to …’

b. guide, encourage and support sub-district local government bodies, public agencies and local communities to perform their roles in their execution of approved development plans and

c. initiates and encourages joint participation with other persons or bodies to execute approved development plans”.

Section 49 (4) of the Act also states:

“In determining an application for a permit to develop prior to the adoption of an approved district development plan, the District Planning Authority shall consult such public agencies and local communities as may be prescribed by regulations.”

This goes to emphasize the need for public consultation in planning as required by the law. This view is further enhanced by the National Development Planning (System) Act, 1994 (Act 480)states in Section (3) 1-2 that MMDAs are mandated as the principal planning authority in its area of jurisdiction to:

1. … consider the views expressed at the hearing before the adoption of the proposed development plan.

2. … conduct a public hearing before the adoption of the proposed sub-district or local action plan.

All these go to enhance the importance placed on inclusive local governance in Ghana.

EFFECTIVE INCLUSIVE CITIZEN PARTICIPATION IN LOCAL GOVERNANCE

Without doubt, urbanization presents many challenges. It however also presents many opportunities to cities including the development of infrastructure and communication systems towards the provision of employment opportunities also leading to increased quality of life. However in Ghana, like most developing countries, increasing urban population growth rates have not been matched by the necessary planning, infrastructure and service requirements.

Whereas Ghana has made some level of progress in decentralization, the country seems to be lacking in the area of participatory planning, which is one of the key components of decentralization. As noted, the 1992 Constitution, Local Government Act and the National Development Planning (System) Act require MMDAs to engage the citizenry in its activities. Indeed, in the affirmation to the 1992 Constitution the concepts of ‘Probity and Accountability’ are enshrined. However, inadequate practice of these provisions by our MMDAs has led to non-effective planning approaches that make little or no provision especially for the poor and disadvantaged in our cities. This phenomenon has resulted in the marginalization of many leading to serious challenges such as the proliferation of slums of different levels in our urban areas. It is therefore necessary for inclusive governance to bring about an improvement in the quality of life for all segments of society.

To achieve effective inclusiveness, there must be greater responsiveness on the part of elected and appointed public officials to all segments of the society. The purpose of governance must be to create valuable infrastructure and services to the citizenry. Societal responsiveness can only be elicited where the activities of the MMDAs are perceived to be of value to the public. To achieve public responsiveness, MMDAs must demonstrate greater accountability and changed organizational behavior. It is not enough to trumpet ‘citizen voice’, the views of the ordinary member of the society must be ‘heard’ and acted upon.

ACCESS TO INFORMATION AND PUBLIC ACCOUNTABILITY TO ENHANCE CITIZENS’ PARTICIPATION

Underpinning greater public accountability is the right of the public to information. Without the public’s access to information and accountability, the level to which citizens can be an integral part of the governance system. Public access to information can be equated with transparency and this is a great antidote for many types of corruption and malpractice in public administration. An informed citizenry is an empowered citizenry. The public’s ability to serve as a check on public officials depends on not just the availability of the information but also on the accuracy and completeness of the information.

Undoubtedly access to information and public accountability are the key factors in the promotion of effective participation in decision making by stakeholders. The process of enhancing access to information and public accountability for enhancing citizens’ participation is going to be complex. However, they remain important elements in the promotion of transparency and accountability. Key tools for enhancing citizens’ participation include Public Meetings, Open Meetings Laws, Access to Information Laws, Records Management and Computerization and E-Government.

It is very important for MMDAs to conduct public meetings. The process of voluntarily or by legal obligations making available information to the general public is an attestation of a transparent government. An informed citizenry is capacitated to better advocate for accountability of public officials on their conduct and on decisions made on matters affecting the public such as infrastructural development and service delivery.

Open Meetings Laws are legal regulations on the conduct of public gatherings of at least two or more members of a government organization where policy recommendations or government business are discussed. The process facilitates citizen collectivism and participation in policy discussions and establishes safeguards against the exploitation of government systems and resources. Open meetings laws encourage citizens’ impact on public organizations and contribute to matters of particular interest. The laws also protect citizens gathering publicly and establish safeguards to prevent the exploitation of government resources against them. Finally the process helps in streamlining and informing the activities of such gatherings to include transparent procedures. Open meetings laws are therefore set to facilitate the efforts to make government affairs more accessible and more responsive as there is the legal framework to facilitate and protect the citizens’ right to meet and collectively discuss public affairs. Cities have the opportunity to effectively use the provisions of a national open meetings law to foster transparency and good urban governance at the local level through participation of stakeholders whom they serve.

Information that reflects well on an administration is the easiest to give by public officials. However, where information reflects negatively on an administration its release to the public becomes rather difficult. Notwithstanding these there must be a concerted effort in the passage of freedom of information bill. Citizens must be given the legal right of access to government documents without having to first prove special or made to pay significant fees. In all situations the burden of non-disclosure must fall on the government administration. Access to information legislations must provide citizens with a statutory right to know. The operational phrase should be “public interest” and not for public officials to use the legislation as a secrecy law rather than providing access. Right to information has now become an effective tool for enhancing accountability of public officials and building an informed society.

A system of effective and efficient record management and computerization of public records must be put in place by MMDAs to forestall any excuse of denying access to public information. The system should be such that documents of general interest should be prepared in a form understandable to the general public and placed on the internet (and other easy to access medium). Records management and computerization enhances public accessibility to government information and the improvement of accountability, responsiveness and professionalism of the local management system. The ability of citizens to engage effectively with the local government, and their trust in public agencies, is often contingent upon availability of information. Relevant information, complete and concise, put together in an easily understandable format and made available to the public either proactively or upon request, can go a long way in enhancing transparency and citizens’ participation in local governance.

E-Government through the internet has opened up possibilities for both national and local governments to interact greatly with their citizens. It is of note that this is not only restricted to the only developed economies but also developing ones. Cities can now run websites to provide quick and easy access to the general public about its activities. The internet also affords opportunities to maximize the potential for networking and allow for faster interaction between the general public and local authorities. The provision of information on a website strengthens the link and trust between the public and local government agencies.

CONCLUSION

In an era of increasing urbanization with its attendant challenges to city authorities, it is important to remind ourselves of the processes for buildings “Better city, (for) better life”. It is more so important not to lose sight of the need for building greater “Stakeholder Consultation in the Creation of Inclusive Cities”. The linkage between public participation and transparency is well established. It is without doubt that well developed strategies for public participation build trust, promote accountability and strengthen commitment to all stakeholders towards improved governance. All these processes directly limit the potential for corruption by public officials.

Frederick Agyarko Oduro

Director of Programs

Housing the Masses

foduro@housingthemasses.org