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transparency and accountability on the other hand, administrative decentralization of third hand, and
activating the role of the elected councils and increase its powers of a fourth hand.
So it is normal after the great Egyptian revolution that the issue of reform of the local administration
to transforming to one of the key reform issues, in order to raise the capacity of the system to meet the
needs and rights of the Egyptian citizen.
The local administration system was known from a long time, but it did not take the legal organized
form only after the establishment of the modern nation-state, however, the modern state's burdens to
citizens increased, making the transfer or delegate some of these burdens to local units is inevitable.
Local administration from this perspective is the strongest substrate, upon which the system of
government, due to its contribution of an effective role in national development and to evolutes and
conserves it, for a very obvious reason, that it is a close administration to the citizens, stemming from
the heart of the people, this closeness to citizens will ensure the greatest knowledge of the nature of the
conditions, needs and hopes of the citizens and also their aspirations.
the Egyptian local system takes the form of the multilevel pyramid, and it includes four levels of five
administrative units, they are: governorate, center, City or village, district, as for the mechanisms that
run through it these local system, they are represented in the two main bodies: executive boards, and
local people's councils.
In spite that the Egyptian local system is relatively old, where the districting Egypt to local units began
in the ends of the eighteenth century, it was characterized - in the pre-revolution January 2011 period
with a strong attraction for decentralization, a sever conflict between the governing legislation, and the
absence of the full political will to shift to the central system, which led to a severe decline in local
development levels, and low in the quality of services provided to citizens, especially in the light of the
lack of effective both formal and non-formal mechanisms of accountability.
At some point after the revolution of January 2011, decentralization and empowerment of local units
become one of the key issues of reformation, which was advocated by the various actors on the arena,
fortunately, it was not a subject of an ideological dispute between the Egyptian political spectrum with
its parties and present powers at the scene, over the past four years, therefore the current constitutional
document (2014 Constitution) held the promise of positive change in the Egyptian local system
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conditions, and it opens the door for access to a local administration system is efficient, effective,
democratic and capable of achieving the developmental aspirations of the Egyptians.
And accountability describes the rights and responsibilities that exist between people, and institutions
(including governments, civil society, and actors parties in the market) which have an impact on their
lives, in the democratic countries, accountability relationships help to ensure that the decision-makers'
adherence the standards of rules and targets agreed upon publicly, where citizens give their
governments the power to impose taxes and spending and enact laws and policy development and
apply them, in return, they expect them to interpret and justify its use of its powers, and take corrective
measures when its needed.
From this perspective, we find that accountability has a politically purpose (check the misuse of
political powers of the executive branch), an operational purpose (ensuring the effective functioning of
governments). And in order to be effective accountability, it must include two components:
accountability, a commitment to provide interpretation, and the right to get a response ..and the
enforcement, and it is the guarantee to take an action.
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Second, civil society has emerged as an active and strong player can, and should, play an active role in
state accountability, and to support the proposals on the policy level to promote social justice agenda
based on the research evidence, as well as a lot of the fundamental injustices in the region that led to
revolutions comes out of those who are exposed to social exclusion, the poor, vulnerable, migrants and
rural segments of society, it is important to ensure that these voices to be heard, it is indispensable to
basic public services (water, sanitation, health, education) for the welfare of those, a social
accountability initiatives that ensure citizens control to such services and their participation in decisionmaking greatly improving the quality of these services, and accessibility. A related effort began to
emerge recently in a number of Arab countries, however, it is still very limited in its scope and impact.
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The organized Civil society is very weak now in the Arab region, where it suffered for many years
from different patterns of control, which often accompanied by a narrow focus on services provision,
at the same time, the "Arab Spring" or "Arab awakening " approved the strength of the new uprising
civic involvement forms, but the emerging civil society movements are still in the process of
determining engage methods with direct stakeholders and other interest, that could lead to a
constructive and positive contribution to the change process, beyond the street mobilizing, it is also
possible - in a highly volatile environment that characterize the transition period to e difficult for the
deeply actors to evaluate the most appropriate starting points for working with civil society effectively.
Third: Each of the traditional media and the new social media plays a crucial role in maximizing the
voice of the citizens and facilitate dialogue between civil society and the state.
Public facilities and services in Egypt between governmental oversight mechanisms and
mechanisms of social accountability
Public facilities and services: Legal concept and the human rights framework
Economic, social and cultural rights constitutes with civil and political rights, what can be called
"integrated development package", in the end that meets the needs of society and the aspirations of the
people to a decent life based on freedom and, welfare and social justice, in a clear translation to the
calls and slogans of the Egyptian revolution and its two waves on 25th January -2011, June 30th -2013,
public facilities and services are the mechanisms which citizens' economic and social rights fulfilled
through.
public utilities Means organizations working on the performance of public services and the satisfaction
of pubic needs, and its activity is governed by the regulation, supervision and control of the state,
Egyptian State Council defined public facility as" every project established or supervised on its
management by the State, it works systematically and continuously and uses the administration powers
to provide the public required needs through it, For profit but with a view to contributing to the
maintenance of the system and serve the public interest in the State, not for profit, but in the purpose of
contributing to maintenance the system and serve the public interest in the State.
There are three elements must be available to acquire the status of a public utility project, the first
component is due to the target assigned to the facility, The second is the project correlation with the
management and it s control to the work operations, finally, the use of public power prerogatives.
In respect of the target element, it must be in the purpose of the public utility to achieving the public
benefit and satisfy the individuals needs or provide a public service. And these needs or services may
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be physical such as providing water and electricity to the individuals, or moral, such as providing
security and justice for citizens.
So achieving public benefit is the most distinctive element for the public facility from other projects
aimed to achieve private benefit, or even those projects combine this goal and the goal of satisfying the
public need or public utility.
However, the achievement of public utilities for some profit does not mean inevitably, lost the public
utility status, as long as the main objective is not to make profits, but rather to achieve public benefit,
the collection of some facilities for financial returns to provide services for the citizens, as is the case
for electricity and water facility does not seek to gain financial returns as much as being the way to
distribute the public burdens on all citizens.
With regard to the Administration element the State establishing the public utilities, and the public
utility activities should be a organized by the administration, and under its supervision and control, and
to be under its directions to ensure that no deviation of the public interest, in favor of the privet
interests.
If the administration entrusted the management of the public facilities to a legal figure, this does not
mean that the administration abandoning its control and supervision on them, in terms of achieving the
public interest and the satisfaction of public needs of individuals, the same is if the administration has
become private entity of the requirements of the public interest, the text require to subject this whole
private body in order not to before a public facility.
According to the third element on the existence of public authority privileges was needed for a public
utility that has the body responsible for the management of public utility, uncommon privileges in
private law, suits the specific nature of the legal regime governing public utilities, such as its right to
the direct implementation and its right in fulfillment of fees.
And then we can understanding that facilities and social services means those sectors closely related to
the requirements of the daily life of citizens, And that the State is responsible for making them
available to its citizens and to enable them to access sufficient quality, on the basis of respect as part of
the rights of citizens of the State which must be provided pursuant and respect for international and
national obligations(Under international instruments ratified by, and the Constitution approved by the
people's will), examples of such facilities and services: education, drinking water, sanitation facilities,
health services, roads, transport, communications, power and energy .... etc, the creation and
management of public facilities and services is one of the original terms of reference for local
authorities, therefore it is closely related to the level of development in the local community.
Government censorship of public facilities and services bodies mechanisms
The reform of the public services performance system through the good governance for these services
facilities is related to two issues of "Specialization", and "decentralization", and the transformation in
the state role from "Producer of goods and services" to the organizer and the observer of the production
process.
So many countries have resorted to the establishment of supervisory and regulatory bodies have the
right to supervise the public service providers, since allowed to enter to the market through the exercise
of their activities, these apparatus are aimed primarily to make sure that the competing companies do
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not use methods affect competition or lead to a dominant firm, in addition to monitoring pricing
policies and regulate the market and protect service recipients.
There are many models for global supervision and regulation bodies, called in English by many words,
such as what is a formal "Regulatory Framework" Supervision Body", some of them is idiomatic like
"Watch Dog", there are some who went to e give the role of the regulator to the related ministries to the
sector will be held, such as Indonesia, Malaysia, Japan and some European countries such as France
and Germany, while the other trend which is currently mostly sues at the global level, is the separation
of the regulatory apparatus of the direct ministerial authority, and the establishment of independent
bodies for this purpose.
On the other hand, there are several regulatory bodies models in terms of responsibilities and
competencies, there are some countries chose to create one apparatus for all basic services sectors,
which is a model may suit countries that suffer from a lack of human, financial and administrative
resources, there are some countries, such as Britain and Argentina chosen to resort to a form which to
establish a regulator apparatus for each sector of basic services through it, and there are other countries
chose to create a regulatory body for similar activities, such as the United States, which has organized
one apparatus for booth of gas and electricity sectors, there are also that global experience that stands
out in New Zealand, which acts as a regulator there for all sectors, two bodies they are New Zealand
Commerce body and the Agency for the New Zealand competition.
In Egypt, and under the intermittent attempts to restructure the sectors of public utilities and services
during the past years, the state has create some of these governing and supervisory bodies as the
Electricity Regulatory Utility and Consumer Protection, sanitation and drinking water regulation, the
National Telecommunications Regulatory authority, some bodies responsible for quality assurance and
accreditation in some services were also established, as the National Authority to ensure the quality of
education and accreditation.
Consumer Protection Agency was created under law 67 for the year 2006, and it was in the beginnings
affiliated to the Industry Ministry, and then it became affiliated to Supply and Internal Trade Ministry,
the apparatus specialized in Monitoring the market and protecting consumers of various food
commodities and services.
The National Telecom Regulatory Authority was created under the Telecommunications Regulatory
No. 10 of the 2003 Act, and it follows the Ministry of Communications and Information Technology,
and it organizing the various components of communications sector, it also gives license to practice
this activity for companies working in the sector.
The Regulatory body for Electricity Facility was created under Presidential Decree No. 326 of 1997 for
the establishment of the Regulatory body for Electricity utility and consumer protection body, this
decision was amended in 2000, by Republican Decree No. 339 on the restructuring of the electricity
utility regulation apparatus, and consumer protection, to determine the terms of reference and the
formation of their Directors Board , the apparatus follows the Electricity and Energy Ministry, it
organizing the relationship between the providers production and distribution electricity services, on
the one hand and the consumers of these services on the other hand.
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drinking water regulation and sanitation and consumer protection were created under Presidential
Decree No. 136 for the year 2004, it follows the Ministry of Housing, Utilities and Urban
Development, which it has the task to organize the relationship between the providers of production
and distribution of drinking water services and sewage disposal on the one hand, and The consumers of
these services on the other hand.
With respect to the National Authority to ensure the quality of education and accreditation was
established by Law No. (82) of 2006, and it follows the Prime Minister, and according to the law of its
establishment, the Commission does not consider as a control body, but it is an authority to approve
the of the educational institutions that can achieve the requirements of national standards.
Among the positive points that counted in favor of the current Egyptian constitution, which was
approved by the people in January 2014, the text on the establishment of supervisory councils and
bodies, have the status of financial and administrative independence, and to be provided with
justifications for its technical competence, including pour in the end in favor of the promotion of rights
and freedoms package approved by the Constitution and imposed by Egypt's international obligations.
And despite the fact that the Constitution explicitly provided for some of the existing and proposed
models of these bodies and councils, but it opened the door to adding other bodies and councils and
issuing special laws for them, thus, these bodies, apparatus and councils are not confined to financial
oversight bodies , Electoral management or the fight against corruption, but goes beyond it, according
to the spirit and aims of the constitutional text - to other bodies and boards can be concerned with the
promotion and protection of economic, social and cultural rights of citizens, these are the rights that the
public facilities and services embody the extent of state respect for them, by fulfill them.
Given the legal status and procedural reality of the bodies and the existing apparatus, that was
displayed in the preceding paragraphs and compared with the constitutional text and purposes, wide
gap between the this and that, can be discovered.
With regard to technical, financial and administrative independence which is guaranteed by the
Constitution for this apparatus and bodies in accordance with Article 2015 of it, we find that it is not
available to a large extent, for the following reasons:1- These bodies follow the executive power(Either one of the ministries, as in the majority of the
bodies, or the Ministers Council as in the Quality Assurance Authority for Education).
2- The appointment of directors boards and the heads of these bodies, is carried out through the
executive power(Prime Minister or the Minister concerned) and without the need for legislative
approval(Parliament).
3- Most of these bodies do not have an independent financial budgets, with the exception of a
communications organizing body, the rest of theses bodies have no legal credible funding
sources, other than the state budget.
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At the level of supervisory competences guaranteed by Article 2017 for apparatus and control bodies,
we will find that these bodies do not practice these powers at the present time, and its governing legal
frameworks does not allow them to do so, aside from Telecommunications Regulatory Authority, and
the National apparatus to ensure the quality of education, the rest of the bodies does not have the
specific legislative powers to which incumbent public service providers to provide the necessary
information to fulfill the control element.
As well as these bodies and apparatus does not prepare regular annual reports, in the case of preparing
them, it is not submitted to both the President of the Republic, the House of Representatives, and the
Prime Minister, once issued, as in the case of the Central Auditing Organization, and these reports are
posted on public opinion.
It is also - according to the frameworks currently ruling, provision explicit makes the majority of these
bodies the right to inform the concerned investigation authorities, about the discovered evidence of
infractions or crimes, is not available.
It is clear from the text of the article that elected local councils from citizens have the full right to
accountable the executive authorities, according to the Constitution, but due to the lack of translation of
this text to the organization laws so far, and the absence of popular local councils after it was resolved
by a court judgment in April 2011,so these constitutional mechanisms for accountability are disabled
and deactivated .
Unlike the official People's accountability mechanisms that are supposed be carried out by the elected
councils, it is s not available in the Egyptian Constitution, or in the governing laws, texts support the
forms of other social accountability, which could be carried out by civil society organizations, Interest
groups, the beneficiaries of public services provided by local apparatus.
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Project of improving the quality of government services provided to citizens in the governorates
of Minya and Menoufia
This project was carried out by an Egyptian NGO called "The Egyptian Association for Marketing and
Development", the project aimed at improving the quality of government services provided to the
public, through the promotion of the principles of transparency and accountability within the local
administration units in Shebien El Kom, in Menoufia governorate, and Bandar Minya, in Minya
governorate , in Upper Egypt, in order to promote administrative reform and move towards the service
of citizens and promote a transparent business environment enjoys decentralization in decision-making,
In addition to supporting capacity building and the development of knowledge, skills and increase
awareness of the local staff and enhance transparency in the performance of services.
The project also aimed to raise citizens' awareness of their rights among these parties, in access to
services by the highest efficiency and lowest cost, freedom of access to information through the support
of the principles of transparency and accountability systems as well as strengthen partnerships between
civil society, government and citizens, through the support of a good follow-up programs that include
and ensure transparency and encourage accountability in local authorities.
Activities:The project interventions consisted in support of an effective set of initiatives aimed at achieving the
desired results, which include the adoption of a field survey tool about the citizens satisfaction on the
services provided for them by the local government, in the governorates of Minya, Menoufia, in the
target districts before the start of the project then at the end of the project to measure the extent of
progress and improvement in services, in addition to raising the awareness of young people and
government employees from civil society towards the concepts of transparency and also on the
principles of good governance, accountability and its mechanisms, and the use of best practices to
improve the level of services provided to citizens, in addition to increasing the awareness of citizens
from Menoufia and Minya about their right to access to information, their right to access to quality
services, and how accountable local authorities, as well as the a range of traiings to raise community
leaders and government officials skills will b conducted, as well as a series of awareness seminars in
each province in the targeted areas, As well as the project preparing a manuals for decentralization of
local administration - transparency and accountability - and total quality management.
Improving the local services delivery by using the Social Accountability applications project
This project was carried out by Integration( Takamol) Foundation to sustain development, it is a civil
institution in Ismailia governorate, in coordination with the governmental entity which is the Ministry
of Environment (concerned to disposal of waste and the development of slums), and it was carried out
over 8 months of the years 2014/2015.
The project aimed to find space for interaction and communication between the recipients of public
services and providers, to work on improving the public service delivery system in accordance with the
requirements of the needs of the citizen, and according to resources and capabilities of local
administration, through the definition of the concept of social accountability tools that works to ensure
fair participation of all members of the community, in addition to increasing the sense of responsibility
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and ownership, as well as a good understanding of the roles and proper utilization of available
resources, the project focused mainly on improving waste collection services and maximizing its
benefit, besides the possibility of re-use it, the role of the government body has been limited to
facilitating communication between the government and beneficiaries of services, while the NGO took
over the financing of the project and implementation of its activities.
Notes on the promotion of social accountability and civil society initiatives
Through a brief presentation of some of the previous initiatives carried out by some of the society
organizations in the field of promoting social accountability of local public utilities and services
sectors, we can come up with the following observations :1- Initiatives were limited in scope, within the provinces of small administrative areas, and it was
mostly in areas far from the capital.
2- Initiatives were operating within a non supportive legislative context of the idea of social
accountability, however, none of them included activities aimed to change these legislations and
amending its related public policy.
3- Initiatives focused on awareness and capacity building activities, but methods and entrances
chosen by most of these initiatives to raise awareness and capacity building were traditional and
non-innovative.
4- Participation of government bodies in the majority of these initiatives - even those in which the
government entity involved - was a non-institutional, executives who participated were in their
personal status not in their professional, in addition, the response of local authorities for these
initiatives was very limited.
5- Initiatives have not yielded practical result, and model to make improvements in some services,
can be marketed as a successful experiment, help in calling for the dissemination of experience.
6- The majority of initiatives - with the exception of CARE International Initiative- did not care
about the idea of capacity building on the use of specific tools of social accountability, as a
community assessment cards, for example.
Conclusions and Recommendations
Through previous presentation frameworks related to official and social accountability mechanisms on
the facilities and services of local development in Egypt, and some civil society initiatives in this
regard, clearly shows the lack of supporting social accountability mechanisms, requires from the
relevant stakeholders to adopt policies and programs that enhance the work of this kind of
accountability, through the following: 1. The organizing laws of the local administration must provide with procedures to enhance the
role of elected local councils in accountability public service providers and the executive
authorities of local administration, in proportion with the ruling of the Constitutional
framework.
2. There is an urgent need to build the capacity of members of elected councils to exercise the
powers of oversight and accountability created by the 2014 Constitution in Egypt.
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3. Must take advantage of the large amount of local civic organizations work in Egypt (about 48
000 Organization), to play an active role in the social accountability for the local public services
providers, the international partners and donors Can play a crucial role in this issue through
financial grants, and providing training opportunities for local NGOs officials .
4. Institutions responsible for the delivery of services and public utilities management must be
attention to providing the information required for citizens, to be able to practice social
accountability, through the deployment of budgets and work plans.
5. must be given great attention to public opinion researches and consumer satisfaction researches
on the services and facilities of the local development.
Margins
(1) Hassan Abdel Lateif Al Asrag: the importance of promoting social accountability in Egypt after January
revolution K Center for International Private Enterprise "CIPE" 2012.
(1) United Nations Development Program UNPD, Social Accountability in a changing area- Actors and
mechanisms, Regional governance management week, Cairo November 26 to 29, 2012.
(1) Walaa Gad Al Karim, Regulatory bodies and apparatus of the utilities and social services sectors,
between current reality and the goals of the constitutional text. The Egyptian conditions Magazine,
Al-Ahram Center for Political and Strategic Studies, No. 56, January 2015.
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