28 mars 2024
Comprendre la Région CTDEN

Comprendre la Région CTDEN

 UNDERSTANDING THE REGION

Article 55 of the Constitution of 18 January 1996 stipulates that Regional and Local Authorities of the Republic are Regions and Councils. While the council institution existed before this fundamental charter, such was not the case with the Region (local authority) whose creation came in the said Constitution.

  • What is the Region?

1/ The Region is a local authority composed of several divisions and headed by an elected President of the Regional Council. It covers the same territorial boundaries of the Region, an administrative unit whose services are under the authority of a Governor appointed by decree of the President of the Republic.

It has a general duty to promote economic development and social progress. As such, it contributes to harmonious, balanced and sustainable territorial development.

The chief town of the Region as a local authority is the headquarters of the Region as an administrative unit.

 

  • What are the powers of the Region?

Through transfer of powers, the Region carries out activities in different fields, namely:

  • economic development (economic action; environmental and natural resources management; spatial planning, regional development, public works, town planning and housing)
  • health and social development (health and social action)
  • educational, sports and cultural development (education, literacy and vocational training; youth affairs, sports and leisure; culture and promotion of national languages).

  • How are Regional Councillors elected?

Regional Councillors are elected by two colleges, one of which is composed of municipal councillors and the other of 1st, 2nd and 3rd class native traditional rulers, whose appointment is duly approved.

The voting method varies from one college to another. As such, divisional representatives are elected in a one-round list vote, with a majority system and a proportional representation system, while representatives of traditional rulers are elected in a one-round list vote.

For the latter category, it should be noted that where there is only one seat in a division, the election takes place in a one-round majority single-candidate ballot. Voting takes place in the chief town of each division by the electoral colleges convened in all the Regions on the same day.

 

  • How does the Region function?

A distinction must be made between the two Regions with special status on the one hand and the other eight regions, on the other hand.

a/ For the other eight regions (with ordinary law status), the functioning is based on two organs resulting from an election, namely the Regional Council and a President of the Regional Council.

The Regional Council is the deliberative organ of the Region. It comprises 90 members, among whom 70 are divisional representatives and 20 are representatives of traditional rulers, it meets once a quarter upon being convened by its President. The term of office of Regional Councillors is 5 (five) years.

The Regional Council regulates, through its deliberations, the affairs of the region. In addition, it issues opinions, wishes, is informed of the progress of works carried out by the region and is mandatorily consulted on the implementation, within its territory, of any development or equipment project of the State, councils or any public, semi-public or private body.

The Regional Council has the following four committees, each chaired by a commissioner:

  • the Committee on Administrative and Legal Affairs, and Standing Orders;
  • the Committee on Education, Health, Population, Social and Cultural Affairs, Youth and Sports;
  • the Committee on Finance, Infrastructure, Planning and Economic Development;
  • the Committee on the Environment, Regional Development, State Property, Town Planning and Housing.

The President of the Regional Council is the executive of the Region. He is assisted by a regional bureau comprising a senior vice-president, a vice-president, two questors and two secretaries, all of them elected at the same time as him within the Council.

A native personality of the Region, the President of the Regional Council is elected by secret ballot and through absolute majority of members present and voting. The senior vice-president and other members of the bureau are elected in a one-round majority list ballot.

The office of the regional administration is coordinated by a Secretary-General appointed by the President of the Republic on the proposal of the Minister in charge of regional and local authorities. He is the closest aide of the President of the Regional Council.

b/ With regard to regions with a special status (North-West and South-West), it should be noted that, besides the powers transferred to the other eight regions, they exercise the following powers:

  • participation in the preparation of national public policies relating to the anglophone education sub-system;
  • creation and management of regional development authorities;
  • participation in the establishment of the status of a traditional chiefdom.

Their functioning is based on a Regional Assembly (deliberative organ) and a Regional Executive Council (executive organ).

The Regional Assembly is the deliberative organ in the North-West and South-West Regions. It comprises 70 divisional representatives and 20 representatives of traditional rulers: the House of Divisional representatives and the House of Chiefs.

Headed by the President of the Regional Executive Council, the House of Divisional Representatives rules on all matters falling within the powers of the Regional Assembly and is composed of 5 (five) committees.

The House of Chiefs, one of the peculiarities of these regions, has two committees and rules on all matters falling within the powers of the Regional Assembly. Furthermore, it issues its opinion on the following issues:

  • the status of traditional chiefdoms;
  • the management and conservation of historical sites, monuments and vestiges;
  • the organization of cultural and traditional events in the Region;
  • the collection and translation of elements of oral tradition.

It is chaired by the Vice-President of the Regional Executive Council, assisted by a Secretary of the said council.

Convened on the same date by the President of the Regional Executive Council, the two houses meet separately. However, they may hold joint meetings on specific issues, in particular to initiate an impeachment procedure.

The Regional Executive Council comprises:

  • a President;
  • a Vice-President;
  • a Commissioner for Economic Development;
  • a Commissioner for Health and Social Development;
  • a Commissioner for Educational, Sports and Cultural Development;
  • two Secretaries;
  • a Questor.

The members of the Regional Executive Council are elected during the first session by list vote, secret ballot and absolute majority of Regional Assembly members present and voting.

One of the peculiarities of these two regions lies in the institutionalization of a Public Independent Conciliator (PIC).

The PIC is an independent authority, with reputed integrity and objectivity He is responsible for:

  • ensuring the smooth functioning of regional and council services;
  • designing and implementing measures for the prevention and fight against direct or indirect discrimination, of which users could be victims in regional and council services;
  • defending and protecting rights and freedoms with regard to the relationship between citizens and the region or the councils of the region;
  • examining and amicably settling disputes between users and regional and council administrations;
  • conducting, at the request of 5 (five) parliamentarians or 5 (five) regional councillors, an investigation on the functioning of regional and council public services.

  • How are Regions financed and managed?

According to the principle of free administration of Regional and Local Authorities, the region enjoys financial autonomy. Therefore, it has its own budget and resources for the management of regional interests or regional affairs.

The said resources, which are necessary for the exercise by the region of its powers and freely managed by it under the conditions laid down by law, are devolved to it either by tax transfer or by grants or by both.

Any transfer of power to the Region by the State must be accompanied by State transfer to this local authority, of resources and means necessary for effective exercise of the transferred power.

The costs corresponding to the exercise of transferred powers are subject to an assessment prior to transfer of the said powers, in order to guarantee balance between transferred powers and resources.

The region benefits from a share of the Common Decentralization Fund instituted by the General Code of RLAs and intended for partial financing of decentralization.

The budgetary and accounting management of the region is in keeping with the financial regime of Regional and Local Authorities.


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