Fiscal decentralization in Cape Verde
status and perspectives46
Status of Decentralization
Decentralization was launched in 1989. During the post-independence period, Cape Verde kept the structure inherited from the colonial era. Fifteen Councils (conselhos), were the centers of public activity outside the capital. Each council could include several parishes, themselves divided into various “areas” (several villages or hamlets). In each island, a delegate appointed and accountable to the central government represented the central government. In 1989, Law 47/III/89 created “decentralized territorial collectivities,” with a decree-law (Decret-Law 52-A/90) thatstated the principles of administrative, financial, and patrimonial autonomy of the municipalities. With the move to multiparty democracy in 1991, the political decentralization option was strengthened47 and the first local elections held. The elected municipalities’ territories match the 15 former conselhos, to which 2 additional municipalities were added in 1991 and 5 more in 2005.
According to their 1995 Statute, municipalities are defined as “territorial collective entities with representative bodies emanating from their respective population, and which pursue the interests of these populations.” The municipalities have administrative, financial, patrimonial, normative, and organizational autonomy. They can establish municipal taxes and fees, manage and part with their physical assets, issue licenses, manage public works and destroy public buildings, and attract investment. Furthermore, political decentralization in Cape Verde is embedded in the Constitution, which under the title of “Local Power” states the main principles of decentralization (box 4.1).
The issues of solidarity among municipalities, regional imbalance, and risks of inequalities between islands and municipalities have remained persistent concerns in the country. Indeed, municipalities and their economic potential are vastly diverse (table 4.1). However, these inequalities are not accompanied by strong tensions among regions. Regional identities in the country are relatively strong (with the main distinction between the Barlavento and Sotavento islands, and some islands’ identities) but Cape Verdeans perceive themselves foremost as Cape Verdeans. Furthermore, the regional identities are not associated with any ethnic or religious divides.48
Box 4.3: “Local Power” in the Cape Verdean Constitution
Central administration:
Recognizes the existence of elected representative local governments, specifically municipalities (Inframunicipal or supramunicipal entities may also be created).
Ensures solidarity among local governments.
Grants technical, material, and human support to local governments.
Controls (tutela49), but the control is restricted to legality (that is, the control only checks that legal and regulatory rules are complied with. It does not check the opportunity of the decision.
Municipalities:
Have their own finance and assets, and fiscal powers.
Have an elected assembly and a collegial executive accountable to the assembly.
May delegate powers to community organizations.
Responsibilities of the Municipalities
Following the first local elections, various mandates were specifically transferred to the municipalities through protocols or decrees. These were public works (through various protocols), Retail Trade (Decree Law 31/92), Collective Road Transports (Decree Law 68/94), Social Promotion (Decree Law 12/94) and Water Supply.
The 1995 Statute of Municipalities describes in detail municipalities’ responsibilities.50 These include local planning, basic sanitation, rural development, primary health care, preschool and primary education, urbanism, road transportation, social promotion, culture, sports, tourism, environment, local trade, civil protection, public works, professional training, local security, and municipal investments. Furthermore, the law specifically states that attributions not legally pertaining to the central government belong to the municipalities, which is a very bold statement in favor of decentralization. Transitional rules for implementation specify that attributions will be delegated progressively.
Municipalities have become active in their areas of responsibilities, but organization of the transfer has been sketchy at best. Weaknesses of the protocols signed between the central government and the municipalities for transferring some of these responsibilities are well documented. Most of the devolution protocols left gray areas. For instance, the decentralization of social promotion did not clarify the responsibility for managing social equipments. In addition, the process was somewhat improvised: lack of planning and evaluation of needed resources and staff, lack of organization of coordination of activities and phasing of the transfers).