Devolution needs patience and support; ask Germany

By ANDREAS PESCHKE

Devolution. Ugatuzi. Federalism. These are different names for the same idea. There are some functions of state that are best handled by national governments, others on a regional or local level. Certainly, federalism, or ugatuzi, is not ‘the easy way’ to tackle political, social or economic challenges. But it is a great chance to take government closer to the people.

In Germany, federalism and decentralisation were introduced after the catastrophe of World War II. Today, our over 80 million people live in a highly decentralised country with 16 regions, or Länder, as we call them.

As the counties in Kenya, the German Länder have their own administration, their own governments and parliaments. Our Länder are in charge of much of the internal security and police, education policy, as well as the penal system or opening hours for shops. They represent their own regional interests, but have to cooperate with the other Länder and the Federal State. About 70 per cent of the taxes are almost evenly shared between the federal centre and the Länder. Some taxes like on beer or inheritance go exclusively to the Länder.

Federalism has become widely accepted in Germany because it reflects our enormous regional differences and interests. It also guarantees minorities that their interests and issues are respected and reflected in regional politics.

There are obvious challenges in this highly decentralised federalism. The complexity of the system has the danger of prolonged decision-making. However, the need of all political fractions and parties to constantly consult with each other contributes to stability and the legitimacy of decisions.

The sharing of funds between the Länder is always a controversial issue. Today, the wealthy Länder assist the poorer ones. But there is a lively debate whether these financial transfers are indeed an expression of solidarity or whether they simply punish economically successful regions.

In a decentralised system, finding the right balance between stability and reform is particularly important. Germany has experienced changes in competences and reorganisations of regions. However, the structure of federalism has not been put into question, neither should it at every day-to-day political crisis. On the other hand, some changes in the system might always be necessary after careful deliberations in order to serve the people better.

In Kenya, devolution has been introduced about a year ago.

To me, it seems perfectly normal that a change like this takes time to be implemented. In fact, the magnitude of the changes by the new Constitution can easily be seen as a ‘constitutional revolution’. The current debates about efficiency, adaptations and reforms are to be expected.

Ugatuzi needs perseverance and patience to become the success it can be. With our own experience in mind, I see three key principles that helped to make decentralisation work in Germany.

First, there needs to be a strategic consensus of all political forces that decentralisation and the devolution of state powers is essentially a good thing, in that it can help to make governance better because decisions are taken on the lowest possible level and as closely as possible to the people.

Second, in a decentralised system all levels of government, despite political and party differences, must be ready to work constructively together. Necessary political debates must not preclude the willingness and ability to build bridges in the interest of all.

Thirdly, decentralisation needs solidarity. Between the strong and the weak, between centre and regions, and vice versa.

Germany will continue to support the devolution effort in Kenya. For Germany, the strengthening of devolution and the capacities to implement it are important. The latest example has been the German support for a comprehensive Street Light project in all 47 counties, using solar technology and intended to increase standards of living and to enhance security.