CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
considered this effectiveness to be average, compared with 27.7 per cent who
considered it insufficient, 16.6 per cent strong and 7.1 per cent very strong.
187.
Special attention needs to be given to the criticism of certain elements of the
security forces whose behaviour at times is contrary to the law and constitutes
a flagrant disregard for the rule of law. Given the recurrence of this kind of
criticism, it would probably be appropriate to sensitise the government to the
need (1) to ensure that these forces are subject to the rule of law and the legal
system and (2) to lift the state of emergency as soon as circumstances permit.
This would silence speculation around “the politicised instrumentalisation of
terrorism by the authorities”. The need to put a decisive end to terrorist
aggression continues to be imperative.
188.
Decentralisation and participation by citizens. Territorial decentralisation is
one of the most debated issues among stakeholders. Important matters are
devolved to decentralised bodies. Such matters relate to administrative
services and the economic, social and cultural development of the community.
189.
Although section 16 of the Constitution provides that “the elected Assembly is
the seat of decentralised power and a forum for the participation of citizens in
the management of public affairs”, the authority of the assemblies seem to be
limited in that the decentralised authorities, notably the Wali (prefect) and the
daïra chief (sub-prefect), are only accountable for their actions to the head of
state and the government. This results in a weakened form of decentralisation
that is more like participatory deconcentration. This is especially true of the
wilaya where the Wali is the only member of the executive.
190.
It is important to note the uniqueness of the Wali‟s twofold function. As
executive head of the wilaya, the Wali participates in the work of the APW
without being elected to it. He is also the representative appointed by the state
in the wilaya and coordinates all its administrative services and projects. He
exercises control over all the deliberations of the APC and the actions of its
president, having the power to annul, reform and substitute. During its many
meetings, the CRM noted that it was possible for the programmes and actions
of the president of the APC (the mayor) and his assembly (all locally elected
members) to be restricted, or even rejected, by the Wali. The latter can, even
against the will of the elected members, have certain expenditure he considers
to be a priority for development automatically included in the local budget.
191.
Some locally elected members complained about being subject to the strict
authority of daïra chiefs, who were in turn subject to the authority of the Wali
and the government. Another justified criticism was that the local elected
members had insufficient resources to exercise their duties towards the
electorate. This was given as the reason for communes‟ lack of independence
and institutional capacity. The same observations were made at the level of the
APW, whose role has been reduced to recommending projects, discussing and
possibly amending the wilaya development plan and the budget drawn up by
the Wali, who organises the expenditures of the wilaya.
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