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IMPLEMENTED BY: MOBILITY FOUNDATION

FUNDED BY

POSITION PAPER

INSTITUTIONALISING TRADITIONAL AUTHORITIES PARTICIPATION IN LOCAL


GOVERANCE IN GHANA
1. Introduction
Mobility Foundation has embarked on a 2-year project to promote accountability and responsiveness of
local government agencies through the participation of traditional authorities in the local governance
process with funding from Open Society Initiative for West Africa (OSIWA). This project over the years has
facilitated the participation of chiefs and opinion leaders in the formulation, implementation and
monitoring of projects in Nanumba South and North District Assemblies in Northern Region. The
project has thus far equipped traditional authorities in both Districts with the requisite information on
decentralization and local government and the relevance of their participation in the process to improve
accountability and social services delivery. Policy spaces have been created and there is the need to
facilitate it to ensure traditional authorities participation and involvement in the district assemblies
planning process to influence development plans and budgets in a more participatory manner.
Following the project implementation in both Districts, it is evidently clear that there is willingness of
the District Assemblies and Traditional Authorities to work together to facilitate development. But
because of the limitation imposed by the Constitution and lack of clarity of their roles by the local
government act (Act, 462,1993) among others. These impose barriers to their participation in Assembly
planning process as well as implementation and monitoring of the project. The organization has liaised
with the traditional leaders in the project communities and they have expressed interest to be part of the
Assembly planning process in order to add real value to the process and ensure policy outcomes meet
the practical needs of the people. Getting them to be part of the process would capacitate them to hold
the District Assemblies accountable since traditional authorities have full understanding of what is
captured in the medium term and action plans.
The main issues covered in the position paper are as follows; the need for traditional authorities to be
given space at the Sub District and District Assembly levels to actively participate and contribute to the
formulation, implementation and monitoring of development interventions. Recognizing the importance
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of traditional authorities in nation governance, there is the need for government to reform the local
government system by clearly spelling out what kind of relationship should exist between the traditional
authorities and the MMDAs so as to harness their potentials for national development.
2. Overview of Decentralization and Local Government
Traditional authorities have played and continue to play an important role in the politico- socio
economic development of this country. It is an old political institution that cannot be washed away in the
business of modern governance of a nation. During the pre independence period, chiefs were responsible
for the day-to-day administration of their people, though along ethnic lines. The colonial administration
used traditional authorities as a conduit to implement its policy of indirect rule in the then Gold Coast.
Indirect rule empowered chiefs with authorities to carry out administrative and adjudicative roles and
manage community resources with the support of the colonial administration.
Since independence successive governments have adopted a lackadaisical attitude towards the
involvement of chiefs in the nation governance. Their potential has not been properly harnessed since
they serve as mediators, drivers of education of their people, front runners in the fight for social
development, leaders in reconciliation process and link between the external community and their
people.
Also, neither the Constitution nor the Local Government Act has provided for institutional
representation of chiefs in the Sub District Structures, District Assemblies and the Regional
Coordinating Councils spelt out what kind of relationship should exist between the MMDAs and
Traditional Authorities. This ambiguity has made some MMDAs not to involve or contact the traditional
authorities, although others have established informal relationship and partnership with them in their
operational localities in order to execute their development agenda and resource mobilization. In most
cases, the traditional authorities involvement is informal and not institutionalized; hence they are not
able to influence critical decisions at the Assembly level. The Assemblies are not also compelled by law
to involve them in assemblys decision making process. Also, the Legislative Instrument 1589 of 1994
makes no provision for the inclusion of traditional authorities in sub district structures and the assembly
level. They only consulted them in the appointment of persons into these structures and sidelined in
most cases in planning, implementation and monitoring processes. For example seven area councils
traditional leaders had no knowledge about who represented the traditional council in the two
Assemblies. And these made the traditional leaders non corporation as a result of misgivings they have

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about the operations and performance of the District Assemblies whilst some MMDCEs have avoided
contact with the traditional authorities, the custodians of lands.

RECOMMENDATIONS AND POLICY IMPLICATIONS


1. Neither the Constitution nor the Local Government Act has provided for institutional
representation of chiefs in the Sub District Structures, District Assemblies and the Regional
Coordinating Councils or spelt out what kind of relationship that should to exist between the
MMDAs and Traditional Authorities. This ambiguity has made some MMDAs to not involve or
contact the traditional authorities, although others have established informal relationship and
partnership the traditional authorities in their operational localities in order to execute their
development agenda and resource mobilization. Therefore Ministry of Chieftaincy and Culture
(MCC) should facilitate guidelines for their roles and responsibilities to spelt out in these
structures.
2. Ministry of Chieftaincy and Culture (MCC) should facilitate guidelines for Traditional leaders at
the area councils level to be in-charge of effective internally generated funds mobilizing for
MMDAs. This will boost the level of IGFs generated from the community level for the
MMDAs. Since the traditional council will also use a portion of it for community development.
This will enhance effective collaboration for planning, budgeting, accountability to the people,
effective community mobilization and optimum use of community resources s well as minimize
the simmering mistrust and conflict.
3. The policy implication at the grassroots levels: for effective decentralization in Ghana.
Traditional authorities, especially chiefs and queen mothers and their traditional councils, should
be given a space to consult and engage with local government officials during planning and
design of projects. Therefore local government Act (462) and National Development Planning
(system) Act 480 of 1994 should be reviewed to actively involve traditional authorities during
planning and implementations of projects.

4. Under chapter 20 of the 1992 Constitution, chieftaincy is guaranteed and roles stipulated.
Though the chieftaincy roles have been assigned, there is no corresponding funding arrangement
for traditional authorities. Therefore Ministry of Chieftaincy and Culture (MCC) should facilitate
the National House of Chiefs to receives a portion of annual budget from District Assemblies
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Common Fund (DCAF) or consolidated to traditional council at the districts level for community
development
5. The policy on the royalties formula must be reviewed for disbursement of royalties. As they
stand currently of 55% by Constitution from land resources to the MMDAs are illegal and must
be reasonably shared.

6. The Constitution makes definite provisions that the President must appoint in consultation with
traditional authorities. However, in practice the composition of the 30% appointed members are
mostly party fanatics. Therefore, this should be reviewed to allow automatic inclusion of
traditional authorities in the district sub-structures as well as in the relevant sub-committees of
the district assemblies and the various government ministries and agencies. This will give chance
of 30% of government appointments into the Assemblies to be reserved for traditional
authorities. This will further improve their relationships and knowledge about who represented
the traditional council in the Assembly.
7. TAs and their Traditional Councils should continue to operate as independent institutions.
However, steps should be taken to ensure legislative reforms to clearly define the role of TAs in
the decentralized governance system.
8. The TAs should be further capacitated through education on the DA system as well as modern
accountability and transparency systems so that they will align their development activities with
those of the district assemblies

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