USAID Helps Libya Improve Legal Framework for Decentralization

Speeches Shim

Friday, December 15, 2017
USAID Supports Libya to Improve its Legal Framework for Decentralization
ABA ROLI

Libyans are working to decentralize basic services, to bring governance closer to the people. Key actors in this effort are the Ministry of Local Government (MoLG), elected mayors and council-members, and municipal government staff. Recognizing the significant gaps in the legal framework for decentralization, USAID has begun a legislative drafting capacity building program with the MoLG’s legal office and municipal councils’ lawyers.

Beginning in November 2016, USAID implementing partner, the American Bar Association Rule of Law Initiative (ABA ROLI), engaged in a consultative process with the MoLG, to set and manage expectations and conduct an in-depth needs assessment. As a result, this activity is now providing substantive training to the MoLG and lawyers from municipalities’ legal offices, including on: drafting legal opinions, memoranda, and regulations with a focus on municipal revenue generation, drafting contracts and agreements, conducting internal investigations, ethics, and improved communication and negotiation skills. 

To date, fifteen MoLG lawyers and representatives from six municipal legal offices have learned the basics of municipal revenue generation as well as practical and effective legislative drafting to better frame laws on the issue. They also developed skills for leading legislative drafting processes and are sharing this learning with colleagues who have yet to attend USAID’s training sessions. Building the capacity of these public servants to undertake their functions will help them to better serve the policy priorities of the MoLG, the mayors, and municipal council members, respectively.

USAID-trained MoLG and municipal council lawyers agree that improved governance cannot be achieved without a better crafted legal and regulatory framework, and cite their commitment to improving their legislative drafting skills. One training participant mentioned the need to fill in gaps in the existing legal framework which remains incomplete. Another emphasized that even existing municipal regulations and laws are poorly drafted and have a negative impact on service delivery.