Executive Summary Access to reliable and affordable public services is a basic citizen right. Currently, public services in Lebanon are of low quality, highly expensive, and inaccessible to all. There are many reasons hindering the Lebanese government from improving public services, namely a highly centralized administration, lack of a clear socio-economic development plan, weak accountability mechanisms, and rampant clientelism aggravated by a sectarian political system. Recent government efforts to enhance public services have been ineffective, leading to an increase in citizen dissatisfaction, popular protests, and poverty and emigration rates. The different initiatives undertaken to improve public services since the Ta’if Accord have not achieved their goals, including establishment of the Office of the Minister of State for Administrative Reform (OMSAR), reform of the municipal code, and development of a strategy for information and communication technology (ICT) and e-government mechanisms. This policy brief aims at providing civil society with an alternative roadmap for improving the quality, accessibility, and efficiency of public services through an administrative decentralization law, an independent municipal fund, and a free and fair local electoral law. The proposed policy aspires to bolster public services through local participation aimed at: - Improving administrative performance; - Enhancing municipal financial autonomy; - Ensuring free and fair local representation. Implementation of this policy requires a long-term process that entails introducing new laws and practices, engaging with Parliament, and supporting government in implementing reforms. Since administrative decentralization is a critical issue for all political parties and other stakeholders, it is important to formulate a clear strategy for influencing the policy-making process and forging broad-based alliances in support of the proposed reforms.

1. Towards a Representative &
Decentralized Governance System
POLICY BRIEF

2. EXECUTIVE SUMMARY
Access to reliable and affordable This policy brief aims at providing
public services is a basic citizen right. civil society with an alternative
Currently, public services in Lebanon roadmap for improving the quality,
are of low quality, highly expensive, accessibility, and efficiency of public
and inaccessible to all. There are services through an administrative
many reasons hindering the Lebanese decentralization law, an independent
government from improving public municipal fund, and a free and fair
services, namely a highly centralized local electoral law.
administration, lack of a clear socio-
economic development plan, weak
accountability mechanisms, and The proposed policy aspires to
rampant clientelism aggravated by a bolster public services through local
sectarian political system. participation aimed at:
Recent government efforts to Improving administrative
enhance public services have been performance;
ineffective, leading to an increase
in citizen dissatisfaction, popular Enhancing municipal financial
protests, poverty and emigration autonomy;
rates. The different initiatives
undertaken to improve public Ensuring free and fair local
services since the Ta’if Accord have representation.
not achieved their goals, including
establishment of the Office of the
Minister of State for Administrative Implementation of this policy
Reform (OMSAR), reform of the requires a long-term process that
municipal code, and development entails introducing new laws and
of a strategy for information and practices, engaging with Parliament,
communication technology (ICT) and and supporting government in
e-government mechanisms. implementing reforms. Since
administrative decentralization
is a critical issue for all political
parties and other stakeholders, it
is important to formulate a clear
strategy for influencing the policy-
making process and forging broad-
based alliances in support of the
proposed reforms.
1

3. FRAMING THE ISSUE
The Problem
Public service delivery is the core
function of the state. It enables
government to respond to citizens’
needs, protect their rights, and
meet their expectations. Yet public
services in Lebanon are of low quality,
expensive, and inaccessible to all.
Public institutions—the vehicle for
public service delivery—suffer from
excessive bureaucracy, corruption,
and inefficiency.
Situation Brief The Urgency
Service delivery problems are even
more dire for citizens in localities. The multiple challenges facing public Lebanon’s development indicators
Citizens are increasingly demanding service delivery in Lebanon include: show a continued deterioration
access to better quality services of social, economic, and political
1. Centralized government and
such as electricity, water, health, conditions, manifested by popular
exclusivity of service within public
education, housing, and security. The demonstrations, security incidents,
institutions.
limited administrative and financial sectarian tensions, and high rates of
2. Lack of management capacity, emigration. There is an immediate
prerogatives of local governments
information technologies, and need to improve public services
and the controls imposed by central
financial resources of public through local participation aimed
government are a main reason for this
administrations and local at reducing poverty, improving
situation. Local empowerment and
governments. living conditions, and eradicating
participation mechanisms can make
a major contribution to improving the the clientelistic webs that prevent
3. Weak accountability mechanisms
quality of public services. government from serving the public
and lack of transparency and
interest.
access to information to participate
in improving public services.
One key solution is to launch an
4. Gaps and deficiencies in the administrative decentralization
legislative framework for public- process driven by local development
private partnerships and participation priorities and aimed at improving
mechanisms. the quality of public services as well
5. Inappropriate representation of as instituting local participation and
localities due to parliamentary and accountability mechanisms.
municipal electoral systems that
foster clientelism.
2 3

4. LOOKING AT EXISTING POLICIES, LAWS
AND PRACTICES
1 Access to Public Services
The following policies, laws and practices are choices made by the Lebanese Financial Efficiency
government to improve the quality of public services. In assessing these policies, 2
we used four key indicators that are essential for any policy option aimed at
improving the quality of public services: 3 Local Participation
4 Accountability
1. enhance access to public services in localities
2. attain financial efficiency
3. allow local participation
Policy
4. permit accountability
Law Assessment
Practice
Policy
> Grades 1 to 3 public servants (i.e., middle and senior management)
Law Assessment
Employment process &
are appointed by the Cabinet based on political and sectarian
public institutions
conditions within
Practice affiliations.
> Public service policies are top-down and are not enforced. > Remuneration in public institutions is too low to entice competent
prerogatives related
to public services
Cabinet policies
> The centralized authority allocated to ministries increases human resources, making private sector employment or
& ministry
administrative bureaucracy, lack of responsiveness to citizen needs, emigration more attractive to many Lebanese.
and difficult access to public services. > Recruitment and hiring of all public servants is controlled by the
> The political affiliations of ministers and public servants lead to Civil Service Board, which lacks human and financial resources.
discrimination in the provision of public services.
> Local development programs funded by donors are not
international organizations
coordinated and are hindered by the bureaucracy of the ministry
programs funded by
programs by OMSAR
> Administrative reform programs face high resistance from some
Local development
reform strategy &
ministries when it comes to improving their performance. with which they collaborate.
Administrative
> OMSAR’s mandate does not allow it to enforce reform programs on > These programs are limited in time and resources, and often fail to
other ministries. translate their work at the policy level.
> There is a lack of human and financial resources for efficient
> Donor-funded programs sometimes become an alternative to
administrative reform.
government services rather than a means to enhance public
service delivery.
prerogatives of the Ministry
> The prerogatives of municipalities defined in the Municipal Code are
of Interior & Municipalities
Municipal Code & the
not feasible due to the administrative boundaries imposed by central
regulatory framework
government in making local decisions. > Public institutions are resistant to integrating ICT into their
infrastructure, and
operations due to lack of capacity and resources.
ICT strategy,
> The Independent Municipal Fund is controlled by the Ministry of
Interior and Municipalities, and funds are distributed without clear, > The technological infrastructure is weak given poor internet speed
transparent criteria. and local telecom access.
> The Ministry of Interior and Municipalities exercises more than an
> Many laws related to e-government have yet to be adopted and the
oversight role over municipalities due to the prerogatives it enjoys
ones that were approved are not adequately enforced.
through the Municipal Affairs Unit and the Mohafazat (governorates).
4 5

5. CONSIDERING POLICY OPTIONS
“ Public services directly affect citizens’ livelihoods; they allow them to
live respectfully and independently from any form of oppressive authority.
They contribute to strengthening of the state-citizen relationship.
The following table describes policy options for enhancing freedom of expression
thorough research and participatory consultations with stakeholders around the
”
Dr. Khaled Kabbani,
Director of the Civil Service Board
country. Each policy is based on different assumptions, has a specific objective & Former Minister of Education.
and strategies, and presents both advantages and disadvantages.
Policy Assumptions Objectives Strategies Advantages Disadvantages Experts’ Take Policy
options options
1 > Devolving administrative > Decentralize > Ensure financial autonomy > Enhances local > Long-term process that “Leveraging local 1
& financial authorities from the administrative of local governments. responsiveness, requires a clear development governments’ authority
central government enhances system to empower participation, and plan, significant financial and autonomy would
> Transfer more
Decentralization
encourage citizens to
Decentralization
Administrative
local responsiveness and municipalities, accountability, and and human resources, as
Administrative
administrative prerogatives participate in decision-
accountability. enhance service to local governments. increases access to well as political will and making and would
delivery at the public services at the consensus. definitely help develop
> Improve local public services.”
> Liberating local community level, local level.
representation and enhance
governments from the and increase local
accountability mechanisms Dr. Randa Antoun,
central bureaucracy improves participation and
to prevent corruption and Associate Professor at the
the quality of and access to accountability. American University of
increase efficiency.
local services. Beirut
2 > ICT integration into > Develop an > Create a legislative > Increases > Enhancing ICT “E-government 2
government services e-government framework for e-government efficiency, decreases infrastructure and public and a proper ICT
improves efficiency and infrastructure services. corruption and servants’ capacity are infrastructure will
ICT Integration &
ICT Integration &
provide citizens with
E-Government
E-Government
accessibility. and services to > Enhance ICT infrastructure bureaucracy, expensive endeavors.
the means to claim
> Developing e-government increase access and government capacity. and enhances > Not all citizens have the their rights, and
infrastructure and services to public services citizen access to technological skills to access institutions with the
> Raise citizen awareness
decreases bureaucracy and and decrease government services. e-government services. needed efficiency to
and capacity to make use of provide services.”
corruption. bureaucracy and
online services. > The prerequisite is public
corruption. Salam Yamout, Head of
servants’ readiness to adapt the ICT Coordination Unit,
to new technologies. Office of the Prime Minister
3 > Increasing public- > Create a public- > Pass laws related to > Increases the > Underprivileged citizens
3
Public-Private Partnerships
Public-Private Partnerships
private partnerships private partnership public-private partnerships. quality of public might not have access to
reduces the government’s legislative services, improves certain public services. “Privatization is not
> Create incentives for the best reform path
administrative and financial framework and private sector involvement in efficiency, and Government income from for sectors other than
burdens. incentives to public service provision. engages the private public service provision will telecommunications.
> Engaging the private increase efficiency sector in sharing be reduced. Public-private
> Enforce procurement and partnerships could be.”
sector in service provision and access to government
accountability mechanisms > The prerequisite is the
enhances efficiency and quality services. responsibilities. Ziad Hayek, Director of the
to limit corruption and abuse. availability of a strong justice Council for Privatization
access to services at the system and accountability
local level. mechanisms to limit abuse.
6 7

6. RECOMMENDING POLICY
A Decentralized Governance System
This policy brief focuses on the first policy option highlighted above—
administrative decentralization—as the most urgent and actionable by civil “ Decentralizing the administrative system would empower
society organizations (CSOs), non-governmental organizations (NGOs), and municipalities, enhance service delivery at the community level,
community-based organizations (CBOs). The Lebanese Constitution, as and increase local participation and accountability.
amended by the Ta’if Accord of 1989, calls for administrative decentralization
in tandem with efforts to protect national unity and formulate a comprehensive
”
development plan. Administrative decentralization aims at empowering local
governments and providing them with financial autonomy while ensuring local
responsiveness and direct accountability to local citizens. It is a process that is
expected to be gradual, strategic, and driven by local development needs and
priorities.
While all of the suggested policy options are important to improving quality of
public service, this policy brief focuses on three critical pillars that are most
urgent and actionable by civil society organizations (CSOs):
Pillar Pillar
Propose an administrative Ensure an independent municipal This multi-pronged policy should In the long run, it is important to
decentralization law. Devolving fund. Ensuring the financial fall within a long-term local complement these efforts to achieve
authorities from central government autonomy of municipalities will development strategy, benefit from administrative decentralization with:
to elected localities will improve reduce clientelism and give them reliable audit and accountability
local responsiveness, accountability, the capacity to finance local mechanisms, rely on a central Integration of ICT and
and the quality of public services development plans without political government ICT infrastructure, and development of e-government
by decreasing the bureaucratic interference and manipulation. capitalize on partnerships with the infrastructure within government
load on central government. local private sector, CSOs, NGOs, services,
and CBOs.
Pillar Promotion and legislation of
Public-Private Partnerships.
Reform the municipal elections
law. Electing localities through free,
fair, and democratic representation
will provide citizens with a direct
accountability mechanism and
encourage voting based on local
development platforms rather than
sectarian agendas.
8 9

7. THE WAY FORWARD
Pillar Pillar
Propose an Administrative Ensure an Independent
Decentralization Law Municipal Fund
Although several administrative around it, and pressure government For administrative decentralization Advocating for more
decentralization law proposals to make it a national priority. to be effective, municipalities equitable IMF practices that ensure
have been presented by MPs, the must enjoy financial autonomy that municipalities receive funding based
issue is not a high priority on Administrative districting must supports local development plans on clear, transparent criteria.
the government’s agenda. An be based on social and economic adapted to local needs. Today, the
administrative decentralization clustering rather than sectarian Independent Municipal Fund (IMF) Researching and developing
law aimed at transferring central parameters. suffers from lack of autonomy, an innovative model for municipal
authorities to local government is a whereby the allocation of funds funding that furthers municipal
key strategy to improve administrative Local communities and municipal is politically motivated and based autonomy, social cohesion and local
performance and enhance the quality governments must be equipped with on clientelism. Very few initiatives prosperity. This would be followed
of public services. Civil society faces the necessary capacities to provide have been undertaken to reform the by direct lobbying to have it as
critical challenges in advancing this high-quality services. IMF; the most recent is a proposal an alternative to the existing IMF
goal: presented by the Prime Minister’s mechanism.
Strong accountability mechanisms office.
CSOs and NGOs must formulate a must parallel the transfer of authorities
governance model for administrative to the local level to prevent the transfer
decentralization, build consensus of corrupt practices and guarantee
public service quality.
Past Proposals & Reform Efforts Past Proposals and Reform Efforts
for Administrative Decentralization for the Independent Municipal Fund
> At least four law proposals related to administrative decentralization > Prime Minister Najib Mikati’s office presented, in 2012, a proposal for
are available and were presented to Parliament by Michel Murr, Robert reforming the Independent Municipal Fund.
Ghanem, Auguste Bakhos, and Ziyad Baroud.
> In 2011, LCPS published a policy brief titled “The Independent Municipal
> In 2011, Beyond Reform & Development developed a comprehensive Fund: Reforming the Distributional Criteria.”
model and a reform plan for administrative decentralization driven by
local development. > The Ministry of Interior and Municipalities issued a study in 2011 titled
“Municipal Finance Studies Program: Final Strategic Framework”, which
> The Lebanese Center for Policy Studies (LCPS) published a book and a presents steps to improve the Independent Municipal Fund.
series of articles around the issue of decentralization and municipal
work in Lebanon.
10 11

8. THE WAY FORWARD
Pillar Past Proposals and Reform Efforts for Municipal Elections
Reform the Municipal
Elections Law
The existing municipal elections Call for a complete reform of the > LADE developed a law proposal for municipal elections reform in
law dates back to 1998. As it is municipal, or local government, 2009. This proposal was put forward by the Ministry of Interior and
based on the electoral system for electoral system that falls within Municipalities but was never passed.
parliamentary elections, this law the criteria and requirements of
does not include critical measures for an administrative decentralization
transforming the local elections into process, and highlight possible
a free, fair, and democratic process, actions that can be adopted to start
including the use of pre-printed reforming the different components
ballots and voting based on place of of the proposed reform.
residence rather than place of origin.
The most critical reform is the need
to establish an independent elections Advocate for reforming key
commission since municipalities are components of the current legislative
under the purview of the Ministry framework for parliamentary
of Interior and Municipalities, and elections, such as the integration
the latter has direct influence and of pre-printed ballots, electoral
control over the electoral process. media regulations, which, according
to Article 16 of the Municipal Code,
In addition, the small size of many apply to the municipal elections.
municipalities turns local elections
into contests that are driven by family
and confessional ties rather than The Lebanese Association for
local development agendas. Over the Democratic Elections (LADE)
last decade, the Ministry of Interior drafted guidelines for improving the
has been allowing the creation of new municipal elections law, which can
municipalities, often for confessional be used to build the case for legal
reasons. Many activities initiated by reform. The next municipal elections
municipal councils are frozen due will take place in 2016; it is important
to partisan interests and politically to start campaigning at an early
driven conflicts within the council. stage to build support for the reform
process.
To address these issues, CSOs, NGOs,
and community-based organizations
(CBOs) can adopt an approach that
falls within the following headlines:
12 13

9. FUTURE ACTION
SHORT TO MEDIUM TERM LONG TERM
National Level Local Level National Level Local Level
Outcome
Expected
Propose an Administrative
An administrative decentralization model is developed and agreed upon by key An administrative decentralization law is developed and adopted by
Outcome
Expected
Propose an Administrative
Decentralization Law
stakeholders, with districting in favor of social cohesion and socio-economic Parliament, with districting in favor of social cohesion and socio-economic
Decentralization Law
development development
Research existing laws and Initiate local development projects
Develop a law proposal for
benchmark them with other where unions of municipalities
Strategy
administrative decentralization Mobilize community-level
Strategy
countries to develop an partner with local NGOs to enhance
and launch an advocacy campaign stakeholders to lobby local MPs to
administrative decentralization collaboration between local
led by CSOs, NGOs, and social adopt the law proposal
model through a participatory, stakeholders, and document them
media activists
inclusive process as validation of the national model
Outcome
Expected
Outcome
Expected
Ensure an Independent
A new model for the Independent Municipal Fund is developed and agreed upon The Cabinet adopts a new model for the Independent Municipal Fund that
Ensure an Independent
by key stakeholders that allows local efficiency, autonomy, and accountability allows local efficiency, autonomy, and accountability
Municipal Fund
Municipal Fund
Research and benchmark with other Establish local funds governed by
Engage unions of municipalities,
Strategy
countries’ funding mechanisms to Enable local stakeholders to build a partnership between municipal
Strategy
CSOs, and NGOs to lobby the
develop a model for independent the capacity of municipalities to unions and local stakeholders as
Cabinet to adopt an independent
municipal funding using improve their financial capabilities models for independent funding
funding mechanism
participatory mechanisms mechanisms
Outcome
Expected
Outcome
Expected
The municipal elections law includes major reforms, including the use of A free, fair, and democratic electoral system is adopted for local
pre-printed ballots, voting based on place of residence, and creation of an governments, with districting based on socio-economic factors in line with
Reform the Municipal
Reform the Municipal
independent elections commission the administrative decentralization model
Elections Law
Elections Law
Launch a campaign led by CSOs, Mobilize community-level Launch a campaign led by CSOs, Mobilize community-level
Strategy
Strategy
NGOs, and social media activists stakeholders to lobby local MPs to NGOs, and social media activists stakeholders to lobby local MPs to
using direct actions to reform the introduce reforms to the municipal using direct actions to reform the introduce reforms to the municipal
municipal elections law elections law municipal elections law elections law
14 15

10. ILLUSTRATIVE ACTIVITIES ENGAGING WITH DIFFERENT
STAKEHOLDERS
During the last decade, several initiatives have pushed for administrative The suggested policy option must be endorsed by key stakeholders and policy-
decentralization in Lebanon, but these efforts have been limited and failed to makers to be implemented. The influence that the various stakeholders yield
achieve major impact. The following are suggestions for illustrative activities on the decision-making process will determine how they should be engaged
based on expert roundtables, interviews, and focus groups, which can be adopted and the messages they should receive. Below is a list of stakeholders to be
by CSOs, NGOs, and CBOs to press forward on administrative decentralization. considered.
> President of the Republic > Parliamentary blocks > Business
Illustrative Activities at the Illustrative Activities at the > Cabinet of Ministers > Parliamentary associations
> Ministry of Finance Committee on Public > Syndicates
National Level: Local Level: > OMSAR Management & Justice > Academia &
Involve local businesses, CSOs, NGOs, > Court of Audit > Ministry of Interior & research institutes
Conduct research on local economic
CBOs, cooperatives, universities, > Civil Service Board Municipalities > CSOs, NGOs, CBOs
development needs and priorities.
youth and women groups in proposing > Department of Municipal > Political parties > Media
Link decentralization proposals to an administrative decentralization Affairs in the Ministry of > Unions of > Local private
districting based on socio-economic model that responds to local needs. Interior and Municipalities municipalities sector
factors rather than sectarian > Mohafazat & Qae’m Maqam > Municipalities
Monitor the performance of Mohafazat (governorates & districts)
boundaries.
(governorates), Qa’em Maqam
Highlight financial gaps that are (districts), and municipalities, and
hindering municipalities’ role in document cases that prove the need Each of these entities requires a different strategy and approach to ally it with
development. for decentralization.
the suggested policy. The following table highlights the incentives for the key
Design an administrative Encourage public-private partnerships stakeholders to adopt or support the proposed policy. These incentives can form
decentralization model that protects at the local level. the basis for developing communication messages to persuade the stakeholders
national unity and promotes local Invite the Lebanese diaspora to invest to take action.
development. in and support decentralization and
local economic development.
Document case studies and best Stakeholders Incentives
Foster networking among local
practices of local development and Cabinet and Improve public institutions’ performance and enhance
CSOs, NGOs, and CBOs to advocate
municipal cooperation as models for Ministry of Interior responsiveness to citizen needs, thereby increasing trust
collectively vis-à-vis central
administrative decentralization. and Municipalities in government
government for decentralization and
Facilitate access to funding for independent municipal funding. Parliament and Increase local outreach and involvement at the
municipalities to start development Collaborate with municipalities to Parliamentary community level through institutional mechanisms
projects. develop local development plans Committees rather than clientelism
Develop and advocate for a capacity- and engage with citizens across
Municipalities Guarantee more autonomy to achieve local development
building program for municipalities to confessions and with neighboring and Unions of
municipalities. goals and enhance responsiveness to community needs
better plan and manage local affairs. Municipalities
Design awareness programs on local
Monitor municipal practices and development needs and the respective Business
publicize the results to the public. Associations and Decrease bureaucracy and create opportunities for
roles of central government and Local Private private sector collaboration for market expansion
municipalities. Sector
Educate citizens on the importance of Gain local leverage and improve the quality of public
NGOs, CSOs, &
decentralization and its contribution services at the community level, allowing civil society to
CBOs
to reducing sectarian divisions. shift the focus to other policy issues
16 17

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`
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12. This policy brief was developed by Beyond Reform & Development , part of BRD/I Group S.A.L.,
in close collaboration with experts, activists and civil society organizations.
Lebanon, 2012