A/HRC/30/49
grass roots and enabling citizens to participate effectively in the making of decisions
affecting their daily lives. As the level closest to the citizens, local government is, in
principle, in a much better position than central government to deal with matters that
require local knowledge and regulation on the basis of local needs and priorities.
9.
The organization and functioning of local government vary considerably between
countries. Different names are used for local government entities in different countries
(county, prefecture, district, city, town, borough, parish, municipality, village, etc.). Local
governments exist geographically both in urban and rural settings.
10.
Local governments possess certain powers conferred upon them by legislation or
directives of the higher levels of government.1 These powers consist, in substance, in
regulating and managing certain public affairs related to the local surroundings and
delivering certain public services. The extent of powers of local government should always
be analysed in the context of relations between local authorities and central government or
regional authorities. In general, in unitary States, central governments tend to shoulder the
responsibility for the planning, programming, regulating and funding of houses, and local
governments manage implementation with varying degrees of autonomy. In federal
systems, on the other hand, local governments tend to have more autonomy regarding
programmes, policies and implementation of housing (Report of the Special Rapporteur on
adequate housing as a component of the right to an adequate standard of living, and on the
right to non-discrimination in this context, Leilani Farha (A/HRC/28/62)). One of the
important features of local government is that it has a specific, subordinate regulatory
power for the exercise of its function which is, however, subject to compliance with the
law.
11.
Although in some countries “local government” and “local self-government” are
used interchangeably, given the fact that local government has different forms in different
countries, these two concepts should be differentiated. Local public administration can be
exercised not only by local self-government entities (e.g. municipalities), but also by local
units of State administration; the former are directly elected by the local population and
enjoy wide-ranging autonomy, whereas the latter act as agents of the higher authorities and
their officials are appointed by and accountable to those authorities. Local self-government
is thus based on the principle of decentralization, and local State administration is based on
the principle of deconcentration.
12.
The degree of self-government enjoyed by local authorities can be regarded as a key
element of genuine democracy. In this regard, political, fiscal and administrative
decentralization is essential for localizing democracy and human rights. It should be borne
in mind that democracy is not possible without respect for human rights and no human right
can be achieved without democracy. Nevertheless, local self-government does not
automatically lead to participatory democracy. While decentralization in general works
towards the empowerment of citizens in decision-making and control over policies, certain
measures and procedures must be securely in place to create the necessary environment to
make democratic participation possible and effective.
13.
The role of local authorities should not be limited to mere executors of decisions
taken and policies developed without them. On the other hand, local independence should
have certain limits clearly prescribed by law, and mechanisms should be available for
supervising the legality of local authorities’ activities. Democratic checks and balances
mechanisms are essential for augmenting the capability of local government in
1
4
In Brazil, municipalities are part of the Federation and not just dependent divisions of the State, in
accordance with the Constitution.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents