Issue decrees to establish Participatory Budget (CI0026)

What is the public interest issue to be addressed by this commitment? Many local authorities are experiencing a difficult public finance management with more decentralized administration preparing programs, operations and development activities excluding local people. Indeed, the three-year programs and budgets of local authorities are drawn up by local elected officials and councilors who arbitrate choices without prior and inclusive consultation of citizens. On the other hand, it should be observed that after years of advocacy (Plan 2016-2018 and Plan 2018-2020), 15 municipalities out of 201 municipalities and 31 regions of Côte d'Ivoire have taken decisions establishing the Participatory Budget (PB). It is clear that the PB has made it possible, in these municipalities, to understand the budget by the populations and their effective participation in decision-making relating to the achievements to be carried out. This commitment will make it possible to: On the politic level Specify the implementation of the BP in Ivorian local authorities (Cf. Articles 32 and 35 of Law No. 2012-1128 of December 13, 2002 on the organization of Territorial Collectivities and Article 32 of Law 2014-451 of August 05 2014 on the orientation of the general organization of the Territorial Administration; On the social level - correct the lack of participation of populations, Civil Society Organizations (CSOs) in local affairs; 10 - promote the participation of vulnerable or marginalized groups in the decision-making process of their territory; - adapt the governance of local authorities (Territorial Collectivities) to the needs of the communities; - strengthen the mechanism of co-management and co-decision of local affairs between the citizens and the local governments; On the economic level - contribute to transparency in the management of local finances; - impact on the financial resource mobilization strategy; - improve the tax base of local authorities (Territorial Collectivities). In short, the making of a decree and subsequent texts (an order and a guide) relating to Participatory Budget will solve the low involvement of the people for their participation in the management of local authorities.

What is the commitment? The introduction of Participatory Budget aims to change budget development approach to local authorities by introducing a new relationship between the represented and representatives. Indeed, the Participatory Budget consists in involving the populations in discussions and decisions concerning the allocation of the municipal budget, either globally, or on a particular theme (the development of a district, for example), or on investment decisions. This commitment involves: - a draft decree relating to the implementation of the Participatory Budget; - a draft order on the establishment of a Participatory Budget monitoring body; - the proposal for an Ivorian guide for the implementation of Participatory Budget. The overall objective is to improve the governance of local authorities through a legal and regulatory institutional environment for the implementation of the Participatory Budget in Côte d'Ivoire.

How will commitment contribute to solve the public problem? The commitment will help improve the participation, development and monitoring and evaluation of the budget of Territorial Communities by the populations.

Why is this commitment relevant to OGP values? This commitment will result in a more enhanced citizen participation, access to information, transparency, public responsibility and accountability.

Additional information - This commitment has a budget of 50,000,000 CFA. - Link with the National Development Plan (PND). - MCC good governance strategy

2021-2023 Important activity having a verifiable deliverable Start date End date Establishment and activities of the working group on the preparation of the decree and subsequent texts. January 2021 February 26, 2021 A draft decree relating to the implementation of Participatory Budget March 25, 2021 March 27, 2021 A draft order relating to the creation of a Participatory Budget monitoring body March 30, 2021 June 29, 2021 Proposal for an Ivorian guide for the implementation of Participatory Budget June 30, 2021 July 31, 2021 Sensitization and popularization of the documents produced September 2021 May 2022

Action Plan Review

Commitment 1: Participatory Budgeting in Local Authorities

Open Budget Cluster (Commitments 1 and 2)

(Ministry of Interior and Security, General Directorate for Decentralization and Local Development; Ministry of Budget and State Portfolio; PSCI-PGO) [1]

For a complete description of Commitments 1 and 2 included in this cluster, see the action plan: https://www.opengovpartnership.org/wp-content/uploads/2021/01/Cote-dIvoire_Action-Plan_2020-2022_FR.pdf

Context and Objectives

This policy cluster aims to increase citizen participation in national and local budget processes. Specifically, through Commitment 1, the government aims to issue a decree, order, and guidelines to standardize participatory budgeting across local governments. Participatory budgeting is a process that enables citizens to directly participate and influence their local government budget. Under Commitment 2, the government seeks to invite civil society organizations to participate in annual plenary sessions to pre-validate national budget guidelines, thereby shaping the Multi-Year Budget and Economic Programming Document from 2021 onwards.

The Civil Society Platform (PSCI-OGP) proposed Commitment 1, [2] which was endorsed by the OGP Technical Committee to consolidate progress made under past action plans. [3] The commitment aligns with the National Development Plan and is supported by the United States' Millennium Challenge Corporation, the Open Government Support Program in Francophone Developing Countries (PAGOF), and the European Union. [4] Civil society and the Ministry of Budget and Finance jointly proposed Commitment 2 to include CSOs in annual pre-validation sessions for the national budget guidelines. Taken together, Commitments 1 and 2 are more specific, and therefore verifiable, than previous open budget commitments. This policy cluster is relevant to the OGP values of access to information and civic participation.

Potential for Results: Substantial

Together, these commitments hold a substantial potential to strengthen budget transparency and civic participation in national and local budget processes. The government's creation of a legal framework and guide promises to formalize and expand participatory budgeting beyond previous commitments. Commitment 2 contains modest milestones to include civil society representatives in only two pre-validation sessions in 2021 and 2022 for the national budget. However, a civil society interviewee stated that this commitment is a reflection of the government's broader willingness to increase civic participation beyond the sessions explicitly mentioned. [5] Currently, there are no opportunities for the public to participate in budget formation at the national level. Therefore, a formal and standard moment for civil society to influence the national budget document would represent a significant step in the right direction.

Civic participation in budget processes is very limited in Côte d’Ivoire. The 2019 Open Budget Survey granted Côte d’Ivoire a score of 7 out of 100 points for formal opportunities for the public to participate in budget processes. However, this score does reflect improvement from 0 out of 100 points five years ago. ^[6] As noted in the action plan, the national budget process does not currently include opportunities for civic participation. However, Côte d’Ivoire's first action plan increased the number of communes practicing participatory budgeting, although the exact number is not clear. [7] The IRM subsequently recommended that the government establish a legal mechanism to institutionalize participatory budgeting across the country. [8] The second action plan encouraged more communes to adopt participatory budgeting but did not introduce a legal framework or enforcement measures. [9] This cluster therefore expands on Côte d’Ivoire's important work at the local level and also introduces moments for participation at the national level.

Civic Participation in State Budget Formation

Under Commitment 2, the government aims to invite CSOs to participate in the 2021 and 2022 pre-validation sessions to determine the budgetary guidelines for 2022-2024 and 2023-2025. In these plenary sessions, participants will pre-validate the government’s Multi-Year Budget and Economic Programming Document (DPBEP), before its presentation to the parliament. [10] This is a modest aim that will only achieve substantial results if (i) this commitment represents a permanent change to government practice by continuing CSO participation beyond the two years mentioned in the action plan and (ii) civil society input is considered and reflected in the final budget document.

The OGP Civil Society Platform will determine which CSOs will attend the pre-validation sessions. All session participants, including CSOs, can contribute input on budgetary orientations. ^[11] A CSO representative explained that the government “may incorporate into the [document discussed] the observations made during the sessions if these prove to be relevant. CSOs will propose modifications to documents if necessary and in accordance with reality on the ground.” ^[12] A civil society representative also shared their preference for the government to publish a public report on budgetary discussions, but “the bottom line is that the conclusions or recommendations are taken into account in the outcome document, or in that of the following year if this is the case.” [13] Civil society representatives also noted that their attendance at the sessions may improve their knowledge of the criteria, priorities and guidelines that inform the state budget. Citizens, through civil society organizations, are then better positioned to evaluate whether these priorities and the resulting budget respond to their needs. [14]

Civic Participation in Local Budget Formation

Local level participatory budgeting is also at an early stage in Côte d’Ivoire. ^[15] Specifically, “government officials and CSOs have still limited knowledge of the principles and rules associated to participatory budgeting” and it seems to be confused with transparency initiatives (citizen budgets). [16] Participatory budgeting consists of "involving the populations in discussions and decisions concerning the allocation of the municipal budget, either globally, or on a particular theme (the development of a district for example), or on decisions of investment”. [17] The current action plan commits to the drafting of a decree to institutionalize participatory budgeting at the commune level and an order to create a monitoring body. It also commits to the elaboration and dissemination of a guide detailing the procedures and stages of participatory budgeting. The establishment of a legal and regulatory framework for participatory budgeting in Côte d’Ivoire would begin to address the lack of clarity and political will that has limited its adoption across Ivorian communes. [18]

A working group composed of four government representatives and two experts in governance and local development will draft the legal texts, which will ultimately be proposed by the Ministry of Interior and Security. Government representatives of the OGP Technical Committee stated that the drafting process will include opportunities for stakeholder consultations—in particular subnational governments, institutions and local authorities—and public comment on the draft text. [19] The Participatory Budget Monitoring Body is expected to include eight members, three of which from civil society. The criteria to determine which CSOs will participate in the Monitoring Body is yet to be established. [20]

Members of the OGP Technical Committee shared that citizen participatory committees will also be established through this commitment. [21] The government aims to establish one committee in each municipality, to be specified in the forthcoming decree. Each committee will include local civil society organizations and local territorial administrators and elected officials. The committees will (i) develop a citizen participation charter or internal regulations for elected officials to sign; (ii) provide guidance and coordinate implementation; (iii) organize meetings, debates, and 'citizen days; and (iv) conduct impact studies. A representative from the General Directorate for Decentralization and Local Development stated that there is currently one such committee operating, in the Tiassalé commune, thanks to the municipal mayor's support. [22]

Civil society has called for an evaluation of municipalities already engaged in participatory budgeting and for a public consultation with civil society, communities and religious organizations to kick off the legislative drafting process. [23] So far, participatory budgeting has been unevenly applied across the country through individual projects supported by a diverse set of CSOs and international development partners. [24] The General Directorate of Decentralization and Local Development reports that it monitors 20 municipalities' use of participatory budgeting. These municipalities are also supported by various partners such as PAGOF and the Forum des ONG et Associations d'aide à l'enfance en difficulté. [25] Meanwhile, civil society reports that 23 municipalities are engaged in participatory budgeting and 35 have been sensitized to the practice. [26] The government agrees that the experiences of these municipalities will inform the decree, order and guide. ^[27] However, it remains unclear when and how this feedback will be obtained. The government also expects that the legal texts will take into account vulnerable or marginalized groups but cannot guarantee specific content. [28] The dissemination and outreach activities remain imprecise at this stage.

Ultimately, evidence of substantial results would include activities and documents demonstrating that participatory budgeting has become standard procedure across a majority of communes. The evidence should indicate that citizen suggestions are considered and responded to by the local government. Most importantly, long-term results would include local budgets that closely reflect the needs and priorities of citizens as a result of public input. In this way, Commitment 1 has the potential to significantly expand the number of Ivorians with direct influence on how the local government allocates public spending.

Nevertheless, both government and civil society interviewees stated that establishing a legal, regulatory, and institutional framework will increase public participation in the management of local budgets. A civil society representative anticipates that these commitments will integrate civic participation in the budget process at the local and national level. They stated that, “the texts constitute a guarantee of citizen participation and the implementation of the participatory budget in all localities of the country.” [29] In sum, civil society stakeholders perceive political will and expect that the commitments will translate into advancing open government and defining a collaborative environment for public decision-making, especially at the local level. [30]

Opportunities, Challenges and Recommendations During Implementation

A government member of the OGP Technical Committee noted that there is significant national level political support behind the adoption of participatory budgeting legislation. These reforms benefit from the support of the Council of Ministers, who adopted the OGP action plan, and engaged officials in the Ministry of Trade and Industry as well as the Prime Minister. [31]

Challenges to implementation include a lack of resources and political will at the local level.

COVID-19 presents a hurdle for resource availability and management. [32] Côte d’Ivoire may require support from development partners to carry out dissemination and training activities “for organizing seminars, caravans or forums.” [33] The government has also not set aside funding for the Participatory Budgeting Monitoring Body or identified technical and financial partners. Additionally, it is necessary to secure buy-in on the part of local elected officials to integrate participatory budgeting. [34]

A lack of public budget information and 'budget literacy' among civil society and the public continues to present an obstacle to civic participation. [35] As a result of a previous commitment, Côte d'Ivoire has published a simplified 'Citizens' Budget' since 2019. [36] However, a lack of paper publications and dissemination activities, particularly in rural areas, meant that these efforts did not significantly increase citizens' budget knowledge. [37] A civil society representative noted that limited CSO capacity and information on the government's aims and priorities that guide budget formation inhibits CSO participation. [38] As a result, the IRM recommends that the Ministry of Budget and Finance continue to expand timely and comprehensive public access to key budget documents in an accessible format. This will ensure that citizens and CSOs have the relevant information prior to civic engagement opportunities.

Côte d’Ivoire can refer to participatory budgeting commitments popular among OGP action plans. ^[39] For instance, in 2016, the Madrid city council allowed the public to allocate 100 million euros and propose potential expenditures. The final proposals were then voted on by the population. ^[40] In 2013, Ghana established a citizen’s budget and facilitated collaboration between government and civil society organizations to create a participatory budget that reflected the priorities and needs of citizens. ^[41] With these opportunities and challenges in mind, the IRM specifically recommends the following:

• Institutionalize civil society participation in national budget processes to ensure civic engagement continues beyond the two pre-validation sessions listed in the action plan text.

• Actively seek out and invite civil society representatives beyond the 'usual actors' to ensure representatives from marginalized communities, such as youth and women’s groups, are included in pre-validation discussions.

• Design a fair and transparent selection process for the inclusion of civil society representatives at all stages, from drafting legislation to monitoring and information dissemination.

• Publish documentation of the discussion and decisions made during the pre-validation sessions for state budget documents, highlighting in particular how civil society input was considered and incorporated.

• Use offline dissemination and awareness-raising activities of the state budget process and of the legal texts on participatory budgeting (such as through print, radio, and workshops) to reach rural and marginalized community members. ^[42]

• As recommended by civil society, conduct an assessment on the municipalities that have piloted participatory budgets. This assessment could give greater confidence to local elected officials in the benefits of this practice. [43]

• Consider opportunities to expand budget transparency and participation in future action plans, such as allowing members of the public or civil society to testify during hearings for the budget proposal and audit report. [44] The government could also consider opportunities to continue to expand budget transparency, such as timely, accessible, and comprehensive disclosure of the eight key budget documents and greater dissemination of the Citizens' Budget. [45]

Results Report

Commitment 1. Participatory Budgeting in Local Authorities

Verifiable: Yes

Does it have an open government lens? Yes 

This commitment has been clustered as: Open Budget (Commitments 1 and 2 of the action plan)

Potential for results: Substantial

● Completion: Substantial

● Did it open government? Marginal

Commitments 1 & 2: Open Budget Cluster [Ministry of Interior and Security, General Directorate for Decentralization and Local Development; Ministry of Budget and State Portfolio]

Context and Objectives:

This policy cluster aimed to increase citizen participation in national and local budget processes. Under Commitment 1, the government aimed to issue a decree, order, and guidelines to standardize participatory budgeting across local governments. The government also sought to invite civil society organizations (CSOs) to participate in annual plenary sessions to pre-validate national budget guidelines, thereby shaping the Multi-Year Budget and Economic Programming Document from 2021 onwards through Commitment 2.

The progress of Commitment 1 was slowed due to a change of approach to institutionalizing participatory budgeting into law. The new administration chose to amend an existing law rather than draft a standalone decree as initially intended in the action plan. While a working group has made some progress in drafting an order for a participatory monitoring body and implementation guide, the finalization of these activities is dependent on enshrining participatory budgeting into law. Regarding Commitment 2, the Ministry of Budget and State Portfolio consulted civil society on the Multi-Year Budget and Economic Programming Documents. However, a lack of understanding on the budget process and content inhibited informed contribution from civil society members.

Did It Open Government? Marginal

There has been modest progress towards Commitment 1’s objective to institutionalize participatory budgeting across Côte d’Ivoire. The appointment of a new General Director of Decentralization and Local Development led to a revised approach to enshrine participatory budgeting into law. The General Director felt it was more pertinent to include participatory budgeting into the ongoing process to revise budget elements of an existing decentralization law (Decree No. 82-1092 of 24 November 1982) than to draft a standalone decree as initially planned. [1] This shift in approach slowed completion of the commitment as remaining milestones were contingent on the existence of a legal framework for participatory budgeting. Regardless, a working group made up of seven people, five from the administration and two from the civil society platform, was established to draft a participatory budgeting decree, an order to establish a participatory budget, and a guide to implementing participatory budgeting.

This working group drafted a participatory budgeting decree that was ultimately abandoned in favour of amending the decentralization law. The decree provided for the establishment of a monitoring body and development of the guide. The monitoring body would include representatives of the ministries responsible for local authorities and the budget as well as local authority umbrella organizations and CSOs. In addition to this committee, the decree provided for a citizen participation committee and neighbourhood, village, or community forums to mobilize residents to discuss neighbourhood problems, define their priorities, and choose delegates for the arbitration and arranging of meetings on these priorities.

The working group has also drafted an order to establish a participatory budget monitoring body. This order provides for a monitoring body composed of nine members, six from the administration and three from civil society. In partnership with civil society, the working group commenced drafting a guide to implementing participatory budgeting. The working group is waiting to finalize the guide and to conduct awareness raising until after the legal documents are in place. Representatives from the General Directorate of Decentralization and Local Development stated that the next steps include an upcoming workshop, the establishment of a dedicated committee to draft amendments, and the appointment of a consultant to finalize the guide. [2] As of the end of the implementation period, participatory budgeting has not yet been standardized across communes as envisioned by the commitment. Based on figures from the General Directorate of Decentralization and Local Development, Côte d’Ivoire has currently strengthened the capacities of more than 30 communes (out of 201), including 24 active participatory budgeting experiments, 15 of which have taken deliberations instituting the participatory budgeting. [3] These figures are similar to those at the time the commitment was drafted. However, implementation has laid groundwork for the expansion of participatory budgeting once the legal framework is finalized.

Commitment 2 has partially advanced the participation of civil society in the elaboration of national budget documents. Civil society was involved in the drafting of the Multi-Year Budget and Economic Programming Document (DPBEP). The sessions were attended by members of civil society designated by the PSCI-OGP, namely Social Justice and IDEF (an association for Community Development and Forest Conservation). Following consultations, the two budget documents were pre-validated and published on the government website. [4] Session reports, attendance lists, and discussion points were not published but were made available to the IRM researcher. The IRM did not find evidence that pre-validation activity was promoted either in the media or on government platforms. Civil society participants reported that they could not meaningfully participate in plenary sessions to pre-validate budgetary guidelines as they did not understand all the aspects of the exercise. They therefore could not bring contributions likely to modify the proposed document. However, they expressed confidence in their ability to better participate in future budget discussions. PSCI-PGO is currently working with the Directorate of the General Budget to schedule training sessions for civil society members to make informed contributions to future budget documents. [5] While Commitment 2 did not achieve its aim to incorporate public priorities in the budget planning documents, both government and civil society have indicated their commitment to addressing the challenges and ensuring future opportunities for meaningful participation.

Looking Ahead:

CSOs have expressed interest in understanding more about opportunities to participate in national budget planning, starting with training. PSCI-OGP is actively working with the Ministry of Budget on a plan to train CSOs on the budget process and content to facilitate more informed participation in the future. Given civil society interest, the IRM recommends that the Ministry of Budget and PSCI-OGP use the next action plan to identify the objectives for civil society participation in the budget process. These objectives could include ensuring that informed public inputs are incorporated into the final budget document and seeking broad participation across representative groups. The Ministry of Budget and PSCI-OGP could then use these objectives to develop a strategy concerning CSOs to facilitate meaningful public participation in national budget planning.

Regarding Commitment 1, the IRM recommends that Côte d’Ivoire involve civil society and local elected officials in the whole process, including amendment of the Decentralization Law. The government could also consider making the guide(s) on the PB available in local languages to facilitate understanding. Moreover, the amended law could potentially include incentives to encourage the implementation of PB, as in Colombia, [6] where a law provides that the mayor or governor who gives the most support to participatory budgeting be awarded a national prize for such support. Finally, the government could legislate and set up a monitoring and assessment system of the Ivorian experiences to facilitate learning and course‑correction.