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LOCAL GOVERNMENTS IN TURKEY

LOCAL GOVERNMENTS IN TURKEY. Fikret Toksöz. Presentation Outline. Historical background Current administrative structure Selected figures Local government reform Problems Prospects. Historical Background. Historical Background. The Constitution of 1921

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LOCAL GOVERNMENTS IN TURKEY

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  1. LOCAL GOVERNMENTSINTURKEY Fikret Toksöz

  2. Presentation Outline • Historical background • Current administrative structure • Selected figures • Local government reform • Problems • Prospects

  3. Historical Background

  4. Historical Background • The Constitution of 1921 • Government model based on decentralisation • Provinces are autonomous organisations with legal personality • Full authority in every field from social aid to education and from economic development to public works

  5. Historical Background • Five periods: • 1923 – 1960 • 1960 – 1980 • 1980 – 1990 • 1990 – 2005 • 2005 – present

  6. 1923 - 1960 • The newly formed Republic envisaged a state administration with unitary structure • First Constitution of The Republic (1924) • Local governments as part of the administration • Three-tier local government system • Special Provincial Administrations • Municipalities • Villages

  7. 1923 - 1960 • Law on Villages (1924) • Democratic administration with tight administrative tutelage • Law on Municipalities (1930) • The attempt was to create an autonomous form of municipal management under a certain limitation of administrative tutelage • Law on Special Provincial Administrations • Inherited from the Ottoman State – dated 1913

  8. 1923 - 1960 • According to the Constitution of 1924 • Local governments had the authority to put surcharges to certain taxes and to establish duties and fees • Until 1935: • Services such as construction, repair and maintenance of primary schools, appointment of teachers and payment of their salaries within the sphere of duty of the SPAs (Such services transferred to the centre after 1935) • Until 1952: • Traffic services had been carried out by the municipalities • Until 1953: • Hospital services had also been provided by the local governments

  9. 1960 - 1980 • New Constitution of 1961 • More liberal as regards democratic rights • More centralist in terms of state structure • Starting from the 1963 elections, mayors are directly elected by the public • Influence of the municipal council started to diminish as this new method failed to establish the system of checks and balances • Establishment of State Planning Organisation (1961) • Administering national development from a single agency • Preparation of five-year development plans • Authority for tax collection and investments gathered at the central government to ensure effective utilization of resources

  10. 1960 - 1980 • 1973 Local Elections • For the first time, the “social democratic” movement had won a victory over the “conservative” central administration • Difference between local and central administrations gave birth to the “autonomous municipal management movement” giving priority to environment, participation, and service provision to the poor • Ministry of Local Authorities established (1978) • With the aim of ensuring autonomous municipal management • Abrogated with the military coup of 1980

  11. 1980 - 1990 • The Constitution of 1981 • Administrative tutelage placed into the constitution with more clear statements • Metropolitan municipalities established (1984) • Revenue share of local administrations increased • Municipalities are accepted as the sole and fully authorized administration in the field of land development and city planning

  12. 1990 - 2005 • External Dynamics • Turkey becoming a regional actor with the end of the bipolar world • Yönetişim (Governance) introduced in Turkey with the 1996 Habitat II İstanbul Summit • Local Agenda 21 Programme started • Signature of the European Charter on Local Self Government (1991) • Signature of the Customs Union agreement with the EU (1994) • Turkey became a candidate to the EU (1999) • Internal Dynamics • Rapid urbanisation • Changing economic structure • Deficiencies in the public services provided by the central government • Regional disparities • Increased demand for democracy and the development of the civil society

  13. Current Administrative Structure

  14. Administrative Structure in Turkey

  15. Administrative Structure in Turkey Responsible Central Government Unit: MINISTRY OF INTERIOR General Directorate of Local Governments For Rural Settlements within the Province outside Municipal Borders For Urban Settlements Smallest Autonomous Rural Unit MAHALLES (NEIGHBOURHOODS / PARISH) (18017)

  16. Administrative Structure in Turkey

  17. Structure of the Special Provincial Administration

  18. Structure of the Municipality

  19. Structure of the Mahalle Muhtar and the members of the Executive Committee are elected by the mahalle residents.

  20. Selected Figures

  21. Population Facts • SOURCE: Ministry of Finance [Maliye Bakanlığı (2007) 2006 Yılı Mahalli İdareler Mali İstatistikleri Bülteni. Ankara: Muhasebat Genel Müdürlüğü]. • Population figures are calculated by adapting the population data available from www.mahalli-idareler.gov.tr according to the 2006 projection of Turkstat. • Population living in the villages within the borders of metropolitan municipalities are not included.

  22. 1000 YTL SOURCE: Ministry of Finance [Maliye Bakanlığı (2007) 2006 Yılı Mahalli İdareler Mali İstatistikleri Bülteni. Ankara: Muhasebat Genel Müdürlüğü.]

  23. BUDGETARY EXPENDITURES SOURCE: Ministry of Finance [Maliye Bakanlığı (2007) 2006 Yılı Mahalli İdareler Mali İstatistikleri Bülteni. Ankara: Muhasebat Genel Müdürlüğü.]

  24. BUDGETARY REVENUES SOURCE: Ministry of Finance [Maliye Bakanlığı (2007) 2006 Yılı Mahalli İdareler Mali İstatistikleri Bülteni. Ankara: Muhasebat Genel Müdürlüğü.]

  25. TRANSFERS FROM CENTRAL GOVERNMENT / TOTAL REVENUES (%) SOURCE: Ministry of Finance [Maliye Bakanlığı (2007) 2006 Yılı Mahalli İdareler Mali İstatistikleri Bülteni. Ankara: Muhasebat Genel Müdürlüğü.]

  26. SHARE OF METROPOLITAN MUNICIPALITIES IN ALL MUNICIPALITIES (%) SOURCE: Ministry of Finance [Maliye Bakanlığı (2007) 2006 Yılı Mahalli İdareler Mali İstatistikleri Bülteni. Ankara: Muhasebat Genel Müdürlüğü.]

  27. PER CAPITA EXPENDITURE (YTL) SOURCE: Ministry of Finance [Maliye Bakanlığı (2007) 2006 Yılı Mahalli İdareler Mali İstatistikleri Bülteni. Ankara: Muhasebat Genel Müdürlüğü.]

  28. Councils There are only 18 Woman Mayors out of a total of 3225.

  29. Unions

  30. Local Government Reform

  31. Constitutional Provisions • IV. Administration • A. Fundamentals of the Administration • 1. Integral Unity and Public Legal Personality of the Administration •  ARTICLE 123. The administration forms a whole with regard to its structure and functions, and shall be regulated by law. • The organisation and functions of the administration are based on the principles of centralization and local administration. • Public corporate bodies shall be established only by law, or by the authority expressly granted by law.

  32. C. Organisation of the Administration • 1. Central Administration • ARTICLE 126. In terms of central administrative structure, Turkey is divided into provinces on the basis of geographical situation and economic conditions, and public service requirements; provinces are further divided into lower levels of administrative districts. • The administration of the provinces is based on the principle of devolution of wider powers. • Central administrative organisations comprising several provinces may be established to ensure efficiency and coordination of public services. The functions and powers of these organisations shall be regulated by law.

  33. 2. Local Administrations • ARTICLE 127. (As amended on July 23, 1995) • Local administrative bodies are public corporate entities established to meet the common local needs of the inhabitants of provinces, municipal districts and villages, whose decision-making organs are elected by the electorate as described in law, and whose principles of structure are also determined by law. • The formation, duties and powers of the local administration shall be regulated by law in accordance with the principle of local administration. • The elections for local administrations shall be held every five years in accordance with the principles set forth in Article 67. However, general or by-elections for local administrative bodies or for members thereof, which are to be held within a year before or after the general or by-elections for deputies, shall be held simultaneously with the general or by-elections for deputies. Special administrative arrangements may be introduced by law for larger urban centres. • The procedures dealing with objections to the acquisition by elected organs of local government or their status as an organ, and their loss of such status, shall be resolved by the judiciary. However, as a provisional measure, the Minister of Internal Affairs may remove from office those organs of local administration or their members against whom investigation or prosecution has been initiated on grounds of offences related to their duties, pending judgement. • The central administration has the power of administrative trusteeship over the local governments in the framework of principles and procedures set forth by law with the objective of ensuring the functioning of local services in conformity with the principle of the integral unity of the administration, securing uniform public service, safeguarding the public interest and meeting local needs, in an appropriate manner. • The formation of local administrative bodies into a union with the permission of the Council of Ministers for the purpose of performing specific public services; and the functions, powers, financial and security arrangements of these unions, and their reciprocal ties and relations with the central administration, shall be regulated by law. These administrative bodies shall be allocated financial resources in proportion to their functions.

  34. Reform Legislation • Public Administration Law (Framework Law vetoed by the former President) • Municipality Law (5393) • Metropolitan Municipality Law (5216) • Law on Special Provincial Administrations • Law on Local Government Unions • Public Financial Management and Control Law (5018) • Law on the Abolishment of the General Directorate of Rural Services (functions and responsibilities transferred to the SPAs) RELATED LEGISLATION • Law on Right of Access to Information • Law on Associations

  35. 4 Main Principles of Reform • Enhancing democratic governance • Improving management techniques • Decentralisation • Restructuring revenue sharing

  36. Democratic Governance • Participatory mechanisms at the local level: • Mahalle and the office of the muhtar • The concept of hemşehri(townsman) • Accessibility to services • Specialist commissions • Strategic plan and performance programme • Emergency planning • Urban Council • Voluntary participation to municipal services

  37. Democratic Governance Mahalle (Neighbourhood) and its administration • Article 9 The muhtar is obliged to determine the common needs with the voluntary participation of mahalle residents, to develop the quality of life in the mahalle, to conduct relations with the municipality and other public institutions and organisations, to provide opinion on matters concerning the mahalle, to cooperate with other institutions and to carry out other tasks conferred by law. The municipality shall provide the necessary contribution in kind and support within the limits of its budgetary means for the mahalle and the office of the muhtar to meet their needs and for the resolution of their problems; in taking its decisions, the municipality shall take into consideration the common demands of the mahalle residents and shall seek to ensure that the services are carried out in accordance with the needs of the mahalle.

  38. Democratic Governance Hemşehri (Townsman) law • Article 13 Everyone is a hemşehri of the town they reside in. Hemşehris have the right to participate to the municipal decisions and services, to be informed on the activities of the municipality and to benefit from the aids of the municipal administration. It is imperative that the aids are provided in conditions that will not damage human dignity. The municipality shall take the necessary actions in developing the social and cultural relationships among hemşehris and in protecting the cultural values. In such actions, necessary measures shall be taken to ensure the participation of universities, public-law professional organisations, trade unions, civil society organisations and expert individuals.

  39. Democratic Governance Functions and responsibilities of the municipality • Article 14 Municipal services shall be provided at the most proximate locations to the citizens and through the most appropriate methods for the citizens. In the provision of services, appropriate methods shall be applied for the situation of the handicapped, elderly, indigent and the people with low income.

  40. Democratic Governance Specialist commissions • Article 24 Mahalle muhtars and the managers of the public organisations in the province together with therepresentatives in the province from the public-law professional organisations, universities, trade unions and the civil society organisations concerned with the matters on the agenda may participate to the specialist commissions in which matters that lie within their sphere of function and activity are being discussed without a right to vote and may declare opinion. Expert individuals may be employed in the work of the commission. The reports of the commission are public, they shall be announced to the public by various means and shall be provided upon request at a price determined by the council which shall not exceed its cost.

  41. Democratic Governance Strategic plan and performance programme • Article 41 Strategic plan shall be prepared in consultation with universities (if any) and professional chambers together with the relevant civil society organisations, and shall take effect following adoption at the municipal council.

  42. Democratic Governance Emergency planning • Article 53 In the preparation of emergency plans, coordination with the other emergency plans at the provincial level shall also be ensured and the opinions of the relevant ministries, public organisations, professional organisations, universities and other local governments shall be taken. By taking the necessary measures for the training of the public in accordance with the plans, joint programmes may be carried out with the administrations, institutions and organisations listed in the [above] paragraph.

  43. Democratic Governance Urban council • Article 76 The urban council shall seek to realize the following principles in urban life: development of the urban vision and the sense of hemşehrilik (townsmanship), protection of the rights and the law of the town, sustainable development, sensitivity to the environment, social assistance and solidarity, transparency, accountability, participation and subsidiarity. Municipalities shall provide assistance and support to effective and efficient conduct of the activities of the urban council with the participation of public-law professional organisations, trade unions, notaries, universities (if any), relevant civil society organisations, political parties, public institutions and organisations, mahalle muhtars and others concerned.

  44. Democratic Governance Voluntary participation to municipal services • Article 77 In the provision of services related to health, education, sports, environment, social services and assistance, library, parks, traffic and culture and of the services for the elderly, women and children, handicapped, poor and the indigent, the municipality shall implement programmes aimed at the participation of volunteers with the purpose of ensuring solidarity and participation in the town and to increase effectiveness, economy and efficiency in services.

  45. Management Techniques • Mechanisms for sound local financial management • Law No. 5018 on Public Financial Management and Control • Law No. 4734 on Public Procurement (tender commissions) • Audit commission • Norm cadre • Internal and external audit • Activity report

  46. Management Techniques Functions and responsibilities of the council • Article 18 a) to discuss and to adopt the strategic plan with investment and work programmes, and the performance criteria of municipal activities and municipal personnel. l) to decide on the establishment, abolishment and alteration of the cadres in municipality and its affiliated organisations within the framework of norm cadre.

  47. Management Techniques Audit commission • Article 25 In provincial and district municipalities and in municipalities with a population higher than 10000, the municipal council shall establish an audit commission of at least three and at most five members from among its own members by secret ballot at its each meeting in January for auditing the revenues and expenditures of the municipality in the previous year and the related account booking and operations. The commission shall be established by proportioning the members of each political party group and the independent members in the council to the total number of council members. The commission shall work at a location designated by the mayor within the municipality building and may employ public personnel and other expert individuals if necessary in its work. The commission may request any sort of information and document from the municipal units and from the affiliated organisations. These requests shall be complied with without delay. The commission shall complete its work within forty-five work days and presents the related report to the chairmanship of the council until the end of March.

  48. Management Techniques Functions and responsibilities of the mayor • Article 38 b) manage the municipality in accordance with the strategic plan, formulate the institutional strategies of the municipal administration; prepare, implement, monitor and evaluate the budget and the performance criteria of the municipal activities and personnel in accordance with these strategies and present the related reports to the council.

  49. Management Techniques Strategic plan and performance programme • Article 41 Within six months following the country-wide local elections the mayor shall prepare the strategic plan in accordance with the development plan and programme and the regional plan (if any) and s/he shall prepare the annual performance programme before the beginning of the year concerned. Strategic plan and performance programme shall serve as basis for the preparation of the budget and shall be discussed and adopted at the municipal council prior to the budget.

  50. Management Techniques Scope and types of audit • Article 55 Internal and external audit are carried out in municipalities. Audit consists of auditing the lawfulness of the work and operations, and financial and performance audits. Internal and external audit are carried out in accordance with the provisions of the Law No. 5018 on Public Financial Management and Control. The results as regards the audit shall be made public and shall be presented to the council.

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