VII. Local Government

 

Article 131

Local government is based on decentralization.

Decentralization is achieved through local authorities comprised of municipalities, districts, and regions covering the entire territory of the Republic in accordance with boundaries established by law.

The law may provide for the creation of specific types of local authorities.

 

Article 132

Local authorities shall enjoy legal personality as well as financial and administrative independence. They manage local matters in accordance with the principle of administrative autonomy.

 

Article  133

Local authorities are headed by elected councils.

Municipal and regional councils are elected through general, free, direct, secret, fair, and transparent elections.

District councils are elected by the members of municipal and regional councils.

The elections law shall guarantee the representation of youth in local authority councils.

 

Article 134

Local authorities possess their own powers, powers shared with the central authority, and powers delegated to them from the central government.

The joint and delegated powers shall be distributed in accordance with the principle of subsidiarity.

Local authorities shall enjoy regulatory powers in exercising their mandates. Regulatory decisions of the local authorities shall be published in an official gazette of local authorities.

 

Article 135

Local authorities shall have their own resources, and resources provided to them by the central government, these resources being proportional to the responsibilities that are assigned to them by law.

All creation or transfer of powers by the central government to the local authorities shall be accompanied by corresponding resources.

The financial system of local authorities shall be established by law.

 

Article 136

The central government shall provide additional resources for local authorities in order to apply the principle of solidarity, in a balanced and organized manner.

The central government works towards achieving balance between local revenues and expenditures.

A portion of revenues coming from the exploitation of natural resources may be allocated to the promotion of regional development throughout the national territory.

 

Article 137

Local authorities shall have the freedom to manage their resources freely within the budget that is allocated to them, in accordance with the principles of good governance and under the supervision of the financial judiciary.

 

Article 138

Local authorities are subject to post-audit to determine the legality of their actions.

 

Article 139

Local authorities shall adopt the mechanisms of participatory democracy and the principles of open governance to ensure the broadest participation of citizens and of civil society in the preparation of development programmes and land use planning, and follow up on their implementation, in conformity with the law.

 

Article 140

Local authorities may cooperate and enter into partnerships with each other with a view to implementing programmes or carrying out activities of common interest.

Local authorities may also establish foreign relations of partnership and decentralized cooperation.

Rules for cooperation and partnership between authorities shall be regulated by law.

 

Article 141

The High Council of Local Authorities is a representative structure for all local authorities’ councils. The High Council headquarters will be located outside of the capital.

The High Council of Local Authorities has jurisdiction to consider issues related to development and regional balance, and gives its advice with respect to any draft law related to local planning, budget, and financial issues. The President of the High Council of Local Authorities may be invited to attend discussions of the Assembly of the Representatives of the People.

The composition and tasks of the High Council of Local Authorities shall be established by law.

 

Article 142

The administrative judiciary rules on all jurisdictional disputes arising between local authorities and between the central government and local authorities.