Communities Finance Officers Association This study was made possible through financial support provided by the Local Government and Public Service Reform Initiative of the Open Society Institute (OSI/LGI). Municipalities Consolidation in Armenia: Preliminary Study Yerevan 2008 1 Contents 1. Foreword......................................................................................................................................3 2. Analysis of multi-settlement municipalities ................................................................................4 3. Analysis of the former “rural soviet” system ..............................................................................8 4. International experience of municipalities consolidation ..........................................................14 5. The goals and criteria of municipalities consolidation ..............................................................24 6. Annexes .....................................................................................................................................26 2 1. Foreword The existence of numerous small and weak municipalities is one of the several problems of Armenian local self – government system. Consolidation of the municipalities is one of the solutions of the mentioned problem. The consolidation issue is included now in both the Government Plan of the Republic of Armenia (adopted by the National Assembly of the Republic of Armenia on 26 June 2007) and Poverty Reduction Strategic Plan (approved by the Government of the Republic of Armenia on 8 August 2003), as well as in the draft of the reviewed variant of the Poverty Reduction Strategic Plan (PRSP – 2). Particularly, “...practical actions will be taken towards consolidation of municipalities” is mentioned in the Government Plan of the Republic of Armenia (paragraph 4.2.2). In the Poverty Reduction Strategic Plan one can find “Within frames of poverty reduction activities consolidation of municipalities and reduction of their number is considered to be important in the sphere of local self – government...” (paragraph 6.3.1.2). “...consolidation of municipalities is important...” is mentioned in the draft of the reviewed variant of the Poverty Reduction Strategic Plan (paragraph 8.1.1). According to the Law on Administrative-Territorial Division of the Republic of Armenia 930 municipalities were created in Armenia in 1995, consisting of 47 urban, 871 rural and 12 Yerevan district municipalities (currently there are 926 municipalities, from which 48 are urban municipalities). It should be mentioned that there are significant differences among both urban and rural municipalities related to the number of population, as well as the existence of land areas, social and economic infrastructures within municipalities’ administrative boundaries. The municipalities of Armenia differ from each other by thousand times by the number of population, as well as by their financial and human resources. Despite these differences all municipalities functioning according to the requirements of the same law. All municipalities are obliged to provide the whole list of services stipulated by the law. Each citizen should be provided by the same minimum “bouquet” of services by local self-government bodies irrespective in which municipality they live. The differences among the number of population of municipalities have important role because the Government considers that indicator to be very important when implements policies in the sphere of local-self government. Particularly, according to the Law on Financial Equalization the number of population is a key factor for calculation of equalization grants. As a result of implementation of the mentioned law the municipalities with small number of population receive very small part of anticipated total amount of equalization grants. It means that in this case the “number of population” factor gains exceptional role and importance, consequently the gap between financial capacities of small and big municipalities becomes bigger. Another problem is the absence of second level of local-self government, as a result of which several regional problems which are typical for local-self government are not solved. Based on the requirement of the Law on Local-Self Government of the Republic of Armenia the property necessary for provision of municipal services have been transferred to the municipalities by the Government’s decision in 1997. Actually the property has been dispersed among all municipalities and most of the municipalities do not have necessary infrastructures and technical means for provision of services. To have necessary property the municipalities need serious financial investments which is unrealistic for the near future. If we add that the percentage of municipal budgets in consolidated budget is only 6-7 %, which is a very small amount in absolute term, the “sad conditions” of small municipalities becomes more obvious. Investigations of all the municipal budgets of some years show that at least 45 % 3 of the municipalities can only pay wages and cover municipal hall maintenance costs by own financial resources. The opportunity for those municipalities to provide services stipulated by the law is trifling. About 80 % of the municipalities do not have fund budgets. It means that the development of the municipality and changes in the existing situation are excepted. It should be also mentioned that most of the municipalities do not have technical means and specialists necessary for provision of some services, involvement of which will demand serious unjustified expenditures. 2. Analysis of multi-settlement municipalities As it is shown in Table 1, there are 58 multi-settlement municipalities in Armenia. The rural municipality with the biggest number of settlements is Geghi municipality of Syunik marz, which includes 6 villages/settlements. The prevalent number of settlements in multi-settlement municipalities varies from 2 to 3. Multi-settlement municipalities could be divided into following groups: • The municipalities which include abandoned settlements. • The municipalities which include “season populated” settlements. • The municipalities which include “railway station” settlements. The most part of abandoned settlements was previously populated by Azerbaijanians. After their leaving the settlements become unpopulated. The number of abandoned settlements is 12. Some part of municipalities which include “season populated” settlements don’t have permanent residents and become populated during summer (related with agricultural works). These places serve as so cold “dachia”. The number of “season populated” settlements is 6. The municipalities which include “railway station” settlements consist of two settlements -one village plus settlement near railway station. The number of these type of settlements is 5. Related to the distances from the center of municipalities to the included settlements have the following picture: the longest distance -20 km has Pyunik village of Artavaz municipality in Kotayk marz. The minimal distance has the village near Pambak railway station of Pambak municipality in Lori marz, which in fact amalgamated. A distance from populated settlements to their centers mostly varies from 2-5 km. It is noticeable that phone calls with heads of municipalities reveal the number of preposterous facts. First, related with the names of municipalities. Accordingly one name is mentioned in the Law on Administrative-Territorial Division but actually the village calls itself in other way. Second, there is a case when the lands of the village are not included in the administrative territory of municipality and in fact it is out of it (Kaqavaberd village of Bardzrashen municipality). Third, there are also opposite cases when the villages/settlements exist but they are not mentioned in the Law on Administrative-Territorial Division. 4 Table 1. Multisettlement municipalities by marzes (regions)1 N Municipality Settlements 1 Ashtarak Ashtarak city Mughni village Avan village Khnusik village Artashatavan village Lusaghbyur village, Nigatun village Mastara village Dzoragyugh village, 2 3 4 5 Avan Artashatavan Mastara Sasunik Distance from the center of municipality Aragacotn marz (region) Sasunik village Karinvillage, Notice 2.5 km 4km 4 km 8 km 1 house 1 km populated 4 families 2 km refugees Ararat marz 6 Bardzrashen Bardzrashen village Kaqavaberd village, 13 km abandoned (its land was not included into Bardzrashen territory by the state Cadastre) Armavir marz 7 Paraqar Paraqar village Tairov village 1 km Gegharkuniq marz 8 Sevan 9 Aigut 10 Getahovit 11 Kalavan 12 Koutakan Sevan city Gagarin village Aigut village Chapkout village Getahovit village Lernahovit village Nshqharq village Kalavan village Barepat village Koutakan village Zariver village 4km 7-8 km 5km 15 km abandoned there is no permanent residents 4 km populated 300-400 m, populated Lori marz 13 14 Alaverdi Akhtala Alaverdi city Akner village Sanahin Madan Akhtala city The village near clinic 12 km 6 km 6.5 km 5 km 1 populated Data on distances from the center of municipality to the included settlements are collected by phone calls with heads of municipalities. 5 15 16 Tumanyan Shamlough 17 Stepanavan 18 Arjut 19 Halavar 20 Dzoramut 21 Medovka 22 Mets Ayroum 23 Meghvahovit 24 Saratovka 25 Pambak 26 Odzoun Svines Tumanyan city The village near Cober station Shamlough city Verin Akhtala village Bendik village Stepanavan city Armanis village Arjut village The village near Arjut station Halavar village Gyuludarra village Haydarli village Qilisa village Dzoramut village Gogavan village Medovka village Kruglaya shishka village Mets Ayroum village Poqr Ayroum village Meghvahovit village Noramut village Saratovka village Getavan village Pambak village The village near Pambak railway station Odzoun village Amoj village 2.5 km 1.5 km 10-12 houses 7 km 4 km abandoned populated 6 km 1km 3.5 km 1 km 1 km temporary population temporary population 2.5km populated 2 km populated 3 km refuges 800 m Kotayk marz 27 Artavaz 28 Meghradzor Artavaz village Pyunik village Meghradzor village Gorgoch village 20 km populated 2 km populated Shirak marz 29 Alvar 30 Aghin 31 Berdashen 32 Garnarich 33 Gtashen 34 Zarishat 35 Zorakert 36 Isahakyan Alvar village Aravet village Aghin village The village near Aghin station Berdashen village Paghakn village Garnarich village Eghnadgour Gtashen village Kamkhout village Zarishat village Erizak village Zorakert village Darik village, Isahakyan village 2 km abandoned 2 km 1 km 1-2 km populated 1800 m populated 1 km abandoned 4.5 km populated 6 37 38 Caghkout Hacik 39 Gharibjanyan 40 Geghanush Bardzrashen village Caghkout village Lorasar village Hacik village Hacikavan village Gharibjanyan village The village near station 4 km 7-8 families 2 km abandoned 1 km Syunik marz 41 Geghi 42 Darbas 43 Lernadzor 44 Cav 45 Shurnukh 46 Syuniq 47 Njdeh 48 Vardanidzor Geghanush village Gomaran village Geghi village Geghavanq village Kard village Kicq village Verin Geghavanq village Qarout village Darbas village Shamb village Lernadzor village Kavchout village Musalam village Nerqin Giratagh village Verin Giratagh village Poukhrout Katnarat Cav village Shishkert village Shurnukh village Aghbulagh village Vanand village Dzorak village Syuniq village Bargushat village Dicmajri village Khordzor village Sznak village Njdeh village Cghouny village Vardanidzor village Ajgedzor village Tkhkout village 2.5 km 2 km 7 km 9 km 7 km populated 25 families Around 1-2 families in each village 12 km 6 km 13 km 6 km 17 km 17 km 11km 13 km 11km 400 residents Both Verin and Nerqin Giratagh are abondoned doesn’t mentioned in the law but exists 10 houses 5 km 4 km 3 km 1.5km 2 km 17 families 1.5 km 2 km 20 families Vayots Dzor marz 49 Jermuk 50 Areni 51 Gnishik Jermuk city Kechout village Areni village Amaghou village Gnishik village Mozrov village 5.5km 11-13 km 8 km 7 abondoned abondoned, Mozrov village is the center of community 52 53 54 Gomq Zaritap Hermon 55 Saravan 56 Vardahovit Gomq village Akhta village Kapoujt village Zaritap village Horadis village Hermon village Arates village Kalasar village Saravan village Ughedzor village Vardahovit Getikvanq village Sevjair village km 4.5 km 3 km abandoned 18 km abondoned in 1962 3 km 3 km 8 km season population 5 km 1.5 km season population Taush marz 57 Ajgehovit 58 Khachardzan Ajgehovit village Kaian village Khachardzan village Chermakavan village Geghatap village 4 km populated 7km abandoned 15km refugees 3. Analysis of the former “rural soviet” system The examination of the former system (division into rayons and rural soviets) in three marzes (Aragatsotn, Ararat and Armavir) allows identifying the following patterns: 1. The number of existing rural municipalities (in the context of marz) is about 2.5 times bigger than former rural soviets. Thus, in Aragatsotn marz formerly acted 45 rural soviets instead of current 106 rural municipalities, which means that the number was increased 2.35 times. In Ararat marz instead of former 39 rural soviets now 93 rural municipalities are functioning -the number was increased 2.38 times. For Armavir marz the former 35 rural soviets were replaced by 94 rural municipalities, which means the number is increases on 2.68 times. 2. By the number of included settlements the rural soviets varied from 2 to 6 settlements (the picture of three marzes review). The rural soviet, which includes the biggest number of settlements, is Geghakert rural soviet-6 settlements. In general the number of settlements included in rural soviet varies from 1 to 3. 3. Reviewing the distances between the soviet centers and included settlements it could be concluded that there are some patterns in terms of former rayons. For example, in the former Ashtarak rayon of Aragatsotn marz the longest distance between center of rural soviet and the settlement in it’s territory is 5 km and the prevalent number of distances varies from 1 to 3 km. In Talin rayon of the same Aragatsotn marz the longest distance is 19 km-Kaqavadzor rural council. And the dominant distances is in the frame of 4-12 km. In the examined three marzes the longest distance from the center of rural soviet to included settlement is in Bardzrashen rural soviet of Artashat rayon (BardzrashenKaqavadzor, 29km) 8 Table 2. The Former Rural Soviets and their Settlements by Marzes (regions) and Former Rayons N 1 2 Rural Soviets The distance from the settlement to the center of Rural soviet (km) Aragacotn marz (45 rural soviets, 106 rural municipalities) Ashtarak rayon (13 rural soviets, 26 settlements ) Avan Aragacotn 3 Artashavan 4 Arouch 5 6 7 8 9 10 11 12 Byurakan Karbi Kosh Dzorap Voskevaz Sasunik Ujan Parpi 13 Oshakan 1 Aragats 2 3 Apnagyugh Ernjatap 4 Ttujour Included Settlements Avan v. (v.-village) Lernarot v. Aragacotn s. (s.-settlement) Nor Edesia s. Artashavan v. Saghmosavan v. Arouch v. Nor Amanos v. Shamiram v.. Byurakan v. Antarout v. Orgov v. Karbi v. Ohanavan v. Ushi v. Kosh v. Dzorap v. Voskevaz v. Agarak v. Voskehat v. Sasunik s. Ujan v. Parpi v. Bazmagxbyur v. Nazrvan v. Oshakan v. 3 3 1 5 5 1 3 1 2 2 3 1 3 Aparani rayon (11 rural soviets, 18 settlements ) 5 6 7 8 Lousagyugh Mravian Nigavan Shenavan 9 10 Vardenis Vardenout 11 Qouchak Aragats v. Caghkashen v. Apnagyugh v. Ernjatap v. Norashen v. Ttujour v. Dzoragloukh v. Dzqnagh v. Lousagyugh v. Mravian v. Nigavan v. Shenavan v. Hartavan v. Vardenis v. Vardenout v. Arai v. Qouchak v. Moulqi v. (under subordination of Aparan settlement council) 9 2 3 4 3 2 2 2 Aragats rayon (10 rural soviets, 22 settlements) 1 Alagiaz 2 Berqarat 3 Geghadir 4 Derek 5 Caghkahovit 6 Cilqar 7 Hnaberd 8 Meliqgyugh 9 Ria Taza 10 Vardablur 1 2 Ashnak Areg 3 4 Arteni Zovasar 5 Katnaghbyur Alagiaz v. Avshen v. Jamshlou v. Sipan v. Berqarat v. Amre Taza v. Geghadir v. Norashen v. Derek v. Ortachia v. Caghkahovit v. Sangiar v. Cilqar v. Gegharot v. Lernapar v. Hnaberd s. Geghadzor v. Meliqgyugh v. Miraq v. Ria Taza v. Shenkani v. Vardablur v. 5 2 3 4 4 3 3 1 5 4 4 4 Talin rayon (11 rural soviets, 40 settlements ) 6 7 8 9 10 11 Karmrashen Kaqavadzor Hakko Mastara Nerqin Sasunashen Camaqsar Ashnak v. Areg v. Hacashen v. Arteni s. Zovasar v. Garnahovit v. Katnaghbyur v. Davtashen v. Irind v. Verin Sasunashen v. Karmrashen v. Akunq v. Eghnik v. Vosketas v. Shgharshik v. Kaqavadzor v. Agarak v. Avtona v. Baioz v. Dian v. Hakko v. Gialto v. Sorik v. Mastara v. Caghkasar v. Dzorasar v. Nerqin Sasunashen v. Nerqin Bazmaberd v. Partizak v. Verin Bazmaberd v. Camaqsar v. Zarnja v. 10 6 3 5 5 11 10 5 2 8 15 8 3 19 4 5 6 3 9 12 3 2 Talin settlement council Aragats settlement council Nor Artik v. Souser v. Ghabaghtapa v. Dashtadem v. Barogh. (All the tree under subordination of Talin) Getap Tlik (Both under subordination of Aragats) 5 3 6 5 8 9 12 Ararat marz (39 rural soviets, 93 rural municipalities) Ararat rayon (14 rural soviets, 27 settlements ) 1 Aigavan 2 Avshar 3 4 Ararat Aralez 5 Armash 6 Eraskh 7 Lousashogh 8 9 Lousarat Kirov 10 11 12 Shidlou Shirazlou Sovetashen 13 Urcadzor 14 Poqr Vedi Aigavan v. Vanashen v. Avshar v. Khalisa v. Ararat v. Aralez v. Engija v. Armash v. Sourenavan s. Eraskh v. Paruir Sevak v. Lousashogh v. Lanjar v. Lanjanist v. Urcalanj v. Lousarat v. Set. after Kirov. Nor Ughi s.. Set. near vine factory Shidlou v. Shirazlou v. Sovetashen v. Vardashat v. Urcadzor v. Shaghap v. Poqr Vedi v. Nor Kianq v. 4 4 2 5 9 5 4 7 3 2 5 8 3 Artashat rayon (14 rural soviets, 39 settlements ) 1 Aigezard 2 Aigestan 3 Arevshat 4 5 6 Baghramian Bardzrashen Dalar Aigezard v. Aigepat v. Narek v. Qaghcrashen v. Aigestan v. Kanachout v. Arevshat v. Abovyan v. Ditak v. Jrashen. Baghramian v. Azatavan v. Berqanoush v. Bardzrashen v. Lanjarat v. Kaqavaberd v. Dalar v. 1 6 3 3 1 3 4 1 1 4 29 11 7 8 9 10 Dvin Masis Mkhchan Mrganoush 11 Nsahavan 12 13 14 Shahumyan Vostan Verin Artashat Mrgavan v. Dvin v. Verin Dvin v. Hnaberd v. Masis v. Araqsavan v. Bourastan v. Dimitrov v. Mkhchan v. Mrgavet v. Hovtashen v. Mrganoush v. Getazat v. Deghdzout v. Vardashen v. Nsahavan v. Byuravan v. Shahumyan v. Vostan v. Verin Artashat v. Berdik v. Norashen v. 2 1 2 3 1 2 1 5 2 1 1 1 3 1 Masis rayon (11 rural soviets, 23 settlements ) 1 2 Aintap Arbat 3 Geghanist 4 Dashtavan 5 Darakert 6 7 8 Dostloug Kalinin Marmarashen 9 Nizami 10 11 Ranchpar Sarvanlar Aintap v. Arbat v. Zahmet v. Geghanist v. Azatashen v. Argavand v. Getapnia v. Dashtavan v. Zangilar v. Darakert s. Ghukasavan v. Norabac v. Dostloug v. Demurchi v. Hovtashat Kalinin s. Marmarashen v. Arevaghbyur v. Jrahovit v. Nizami v. Sayat-Nova v. Ranchpar v. Sarvanlar v 1 2 1 1 1 4 2 2 2 2 Armavir marz (35 rural soviets, 94 rural municipalities) Hoktemberyan rayon (16 rural soviets, 36 settlements ) 1 Armavir 2 Bambakashat 3 Getashen Armavir city Arevik v. Haikavan v. Bambakashat v. Jrashen v. Getashen v. Berqashat v. Nor Kesaria s. 4 1 2 5 3 12 4 5 6 7 Zartonq Jdanov Lenughy Loukashin 8 9 10 Hoktember Margara Mrgashat 11 Nalbandian 12 Nor Armavir 13 Janfida 14 Tandzout 15 Vardashen 16 Voroshilov 1 2 Dalarik Ervandashat 3 4 Lernagog Houshakert Shenavan v. Zartonq v. Artashar v. Eghegnout v. Jdanov s. Lenughy s. Araqs s. Jerzinsky s. Loukashin s. Khanjyan s. Noravan v. Hoktember v. Margara v. Mrgashat v. Sovetakan v. Nalbandian v. Nor Artages v. Nor Armavir v. Amasia v. Janfida v. Pshatavan v. Tandzout v. Ajgeshat v. Argavand v. Vardashen v. Araghap v. Eraskhahun v. Voroshilov s. 1 3 3 3 3 3 2 2 1 2 4 1 1 3 2 Baghramyan rayon (6 rural soviets, 15 settlements ) 5 6 Miasnikyan Qarakert Dalarik s. Ervandashat v. Bagaran v. Lernagog s. Houshakert v. Artamet v. Koghbavan v. Vanand v. Talvorik v. Miasnikyan s. Arevadasht v. Baghramyan s. Qarakert v. Argina v. Shenik av. 3 4 9 6 3 5 6 10 4 Ejmiatsin (13 rural soviets, 42 settlements) 1 Aknalich 2 Aghavnatoun 3 4 5 Aragac Arshalujs Baghramian Aknalich s. Taronik v. Aghavnatoun v. Doghs v. Lernamerdz v. Amberd v. Aragac v. Caghkalanj v. Arshalujs v. Baghramian s. Norakert s. 4 2 3 3 2 2 13 6 7 8 Gaj Geghakert Lenoughi 9 Merdzavan 10 Mousaler 11 12 13 Shahumyan Jrarat Paraqar Gaj s. Aknashen v. haikashen v. Geghakert v. Ciacan v. Caghkounq v. Haytagh v. Hovtamej v. Ferik v. Lenoughi v. Atarbekyan v. Aratashen v. Griboedov v. Merdzavan s. Ajgek s. Mousaler s. Arevashat v. Voskehat s. Ptghounq s. Shahumyan v. Ajgeshat v. Dasht v. Mrgastan v. The settlement near poultry farm Jrarat v. Apaga v. Araqs v. Lousagyugh v. Metsamor v. Paraqar v. Tairov s. 2 2 2 2 1 1 3 3 2 4 2 2 4 2 4 2 2 1 5 4 3 2 2 4. International experience of municipalities consolidation Coming from the importance of the municipalities’ consolidation issue in Armenia, some aspects of consolidation of municipalities in some countries are presented below. As the data provided in the table of Annex 3 show, the number of municipalities has been seriously changed in list of countries during last about half century. The number of municipalities has been reduced by 3, 51, 69 and even 90 percent during that period. Examining in detail the experience of Latvia and Estonia, one can say that the consolidation of municipalities is a quite sensitive issue. Both population and local self – government bodies usually refuse consolidation mainly coming from personal mercenary incentives. That is why even in case of the existence of carefully developed and well-grounded consolidation concept and Law on Territorial Reform it is difficult to consolidate the municipalities. Let’s refer to the experience of some countries on consolidation of municipalities. Greece In 1997 a government plan for the re-organisation of the first tier of local government was approved by an extraordinary congress of the National Union of Municipalities. The so-called 14 “Capodistrias-Plan” was not just a plan to merge municipalities, but also a national and regional development and works programme, with a time scope of five years (1997-2001). As a result of implementation of the “Capodistrias-Plan” the total number of municipalities has been reduced by more than 80%. This percentage would be even higher if the metropolitan areas of Athens and Thessaloniki, which were exempted from the consolidation-plan and include more than 150 municipalities, were not included in calculation of consolidation indicator. The average population of the municipalities climbed up from about 1.600 to more than 11.000, while the average number of municipalities in each prefecture fell from 116,5 to 20,66 units. Table 1. Distribution of the Municipalities by Number of Population Before (1996) and After (1999) Implementation of the “Capodistrias Plan” Population Up to 300 Up to 500 Up to 1000 Up to 2000 Up to 5000 Up to 10000 Up to 20000 Up to 50000 Up to 100000 Up to 200000 More than 200000 Total Number of municipalities (1996) 2043 1180 1357 672 337 102 48 54 24 6 2 5825 Percentage (%) 35,07 20,26 23,30 11,54 5,79 1,75 0,82 0,93 0,41 0,10 0,03 100 Number of municipalities (1999) 33 14 46 93 380 281 95 56 27 6 2 1033 Percentage (%) 3,19 1,36 4,45 9,00 36,79 27,20 9,20 5,42 2,61 0,58 0,19 100 Source: Ministry of Interior, Public Administration and Decentralization, 2000 Latvia Much of Latvia is now sparsely populated. One third of 2.35 million population lives in Riga. 1.23 million Latvians scattered across an area of roughly 64,000 km2, a territory the size of Ireland. The population of Latvia tends to reside in widely dispersed settlements. This is reflected in the characteristics of the municipalities. Table 2. Distribution of the Municipalities by Number of Population (2001) Population range 350-1.000 1.000-1.500 1.500-2.000 2.000-3.000 3.000-5.000 5.000-10.000 10.000-50.000 50.000-100.000 100.000 and more Total Number of municipalities 182 138 77 68 39 23 20 3 2 552 Percentage of population 5% 7% 6% 7% 6% 7% 12 % 17 % 33 % 100% 15 Percentage of municipalities 33.0 % 25.0 % 13.9 % 12.3 % 7.1 % 4.2 % 3.6 % 0.5 % 0.4 % 100 % As shown in Table 2, only 25 municipalities have population over 10.000. The number of population of another 23 municipalities is between 5.000 and 10.000. 70 % of the municipalities have less than 2.000 inhabitants and fully one third of them have less than 1.000. About 20 % of the national population lives in municipalities with fewer than 2.000 inhabitants. Roughly onethird of the nation’s population live in municipalities with fewer than 5.000 inhabitants. Between 1989 and 2001, Latvia’s population declined by 13 %. Much of this loss occurred in rural areas. In the absence of amalgamation, the number of very small municipalities is likely to increase. Governement’s Proposal The Government began the process of amalgamation in 1998 with the passage of the Law on Administrative Territorial Reform. The Law defines the aim of the reform: “to establish administrative territories with local (and regional) authorities able to develop economically and provide quality services to inhabitants.” To oversee this effort, the law stipulates creation of a council for administrative and territorial reform (hereafter - Territorial Reform Council), comprised of representatives from the Union of Local and Regional Governments and the Government. The Department of Local Government Affairs under the Minister for Public Administration Reform was designated to spearhead the effort. The department’s work began with the commission of studies in all 26 regions. Under terms of reference approved by the Territorial Reform Council, these studies were to cover a wide range of topics. These included: 1. Land area and use; 2. Population and social indicators (personal income, number of unemployed, birth-and death-rates, migration trends); 3. Housing conditions; 4. Transportation and communication infrastructure (road, bus, rail, and telecom); 5. Intermunicipal patterns of commuting and shopping; 6. Social infrastructure (number of schools and social care facilities, number of family doctors, use of health facilities outside the municipality); 7. Economic infrastructure, including consumption of power and gas, water supply, sewage treatment systems and solid waste management. The studies were to survey economic conditions, including the number of currently operating business objects, classified by form of ownership, type of activity, and number of employees. Data on municipalities were necessary to be gathered, including the following: 1. Breakdown of municipal revenues (with particular focus on intermunicipal payments); 2. Expenditures disaggregated by function; 3. Organization showing the number of deputies and municipal staff along with their respective educational backgrounds, work experience, and performance evaluations; 4. Checklist of functions performed by the municipalities, along with their volume and quality. In principle, this mass of data was to be the basis for defining the boundaries of the amalgamated municipalities. Article 10 of the Law stated that territorial reform was to be based on the following: 1. The long term development prospects of the municipality area; 2. The relation between the number of inhabitants and the size of the area, with coefficients of economic development; 3. The revenue base; 4. The level of infrastructure required to perform municipal functions; 5. Demographic characteristics; 6. Economic, geographical, and historical unity; 16 7. Accessibility of municipal services; 8. Other conditions. The following 4 criteria according to which the municipalities should be amalgamated were developed based on the studies: 1. The minimum number of population shall be 5.000 inhabitants 2. There shall be a developed center with at least 2.000 inhabitants 3. Distance of the settlement from the municipality center shall be no more than 30 km 4. Road access connecting all parts of the municipality to the center This process yielded the so-called “102 proposal” according to which 93 consolidated pagasts and towns (termed novads) and 9 cities (including 7 existing republic cities) would be created. Under the proposal, the number of small municipalities would be drastically reduced. As shown in Table 3, no novad would have a population less than 4,500. Half would have population between 4.500 and 10.000. Another one-quarter would have population between 10.000 and 20.000. According to the mentioned proposal, the number of larger municipalities would remain essentially unchanged. Table 3. Characteristics of Proposed Novads Number of novads Populaton 4.500-10.000 10.000-20.000 20.000-30.000 30.000 and more Novad Percentage 50 27 15 10 49 % 26 % 15 % 10 % Number of population Person Percentage (thousand) 340 14 % 376 16 % 372 16 % 1,272 54 % With the completion of the initial boundary proposal, the Law calls for the preparation of specific amalgamation plans for each novad. The purpose of these studies is to evaluate the improvements in staff quality and fiscal performance that would be expected from amalgamation. The process is just in the beginning. Such a plan has been created only for Tukums novad. The amalgamation proposal has run into some opposition. Since 1998 the Legislation was put in effect, only 21 municipalities (less than 4 % of the total) have been consolidated. This is partly due to resistance from municipal councilors and council chairmen, many of whom fear losing their jobs. But it also reflects a lack of support by the rural population, who fear losing contact with familiar officials who can assist them in dealing with government bureaucracy. According to a public opinion survey (see Table 4) rural residents also fear that their interests will be submerged once their pagasts are merged into the larger novads. Roughly two thirds feared that the prospects for solving local problems would decrease. 20 to 50 % feared that existing municipal centers would decline, small schools would close and job losses would occur. Few saw the benefits of amalgamation—particularly in public services. Less than 20 % expected improvements in education, social and health care, and public utilities. To assist the amalgamation the Law on Administrative Territorial Reform requires the Government to provide a one-time payment to municipalities that undertake amalgamation. The amount of the subsidy depends on when the amalgamation occurs. Municipalities amalgamating before 2001 received a grant equal to 5 % of their budgets. This percentage fell to 4 % for 2001 and 2002. In 2003 and 2004 it was already 3%. Judging from the small rate of this indicator, one can say that this incentive has not been particularly effective. The Government is planning to address the specific concerns of smaller municipalities through a program of public works. This 17 would include rural road improvements and investments in telecommunications and internet access. Table 4. Public Opinion on Consolidattion Negative Prospects for solving local problems will decrease Small schools in rural areas will close Cities/towns will force their policies on countryside Existing municipal centers will decline Job losses will occur Positive New jobs will be created There will be concentration of finances Improved social and health care Improved quality of education Better public utilities (Survey results) Percentage 59-70 % 39-64 % 29-44 % 42-64 % 25-46 % Percentage 13-29 % 21-27 % 9-18 % 7-15 % 6-11 % Estonia By 1 January 1999 the number of municipalities in Estonia is 253 (47 urban and 206 rural municipalities). Almost half of all municipalities have less than 2,000 inhabitants. The mixed “stick and carrot” model of territorial reform is preferred in Estonia. The Estonian government announced in spring 1998, that voluntary amalgamation would take place until autumn 2002. After autumn 2002 state forced amalgamation will take place. Therefore systematic discussions for implementation of the administrative-territorial reform were started. The Government of Estonia approved “Guidelines for Making Proposals to Amend the Administrative-Territorial Organization of Local Government” on 4 July 2000. Local Government Department of the Ministry of Interior finished working out the “Strategy of the Local Government Administrative-Territorial Reform”. According to these two documents the municipalities should be consolidated based on the following criteria: 1. In general, the population of a local self-government unit will be more than 3.500. 2. In a rural municipality locating in the vicinity of the city, the minimum number of the population will be 4.500. 3. Cities and settlements with less than 10.000 inhabitants have to belong to the “rural municipality” category. 4. Local self – government unit will be formed as a whole unit with one or several closely interrelated centers. 5. In case the links of different parts of a municipality of any size are tighter with neighbor municipalities than those between themselves, such parts shall be incorporated to corresponding neighbor municipalities. The Government issued the order on “Initiation Reorganizing the Administrative-Territorial Organization” on 5 June 2001. According to this document 108 municipalities would be instead of existing 247 municipalities. To take next decisions the Ministry of Interior waited the answers and suggestions of municipalities concerning amalgamation until the end of October. The Ministry of Interior has received 225 answers, from which in 30 municipalities the suggestion 18 was accepted, in 117 municipalities it was not, in 70 it was accepted in some conditions and representatives of 8 municipalities did not express their position. These results reflect negative attitude of local self-government representatives towards the reform. This means that the municipalities need confidence in the positive result of the reform and clear process of the reform. And this process must be prescribed by legal documents. If the politicians are not sure about the necessity of the reform and they are afraid of unpopular decisions, the reform will not be implemented. National Association of Local Authorities in Denmark (NALAD) co-operating with the Danish Ministry of Interior (MoI), has developed proposal on local government territorial reform in Estonia, where the steps, division of roles and competences, criteria of reform, etc., are represented. Below some fragments of the proposal are provided. Division of Roles and Competences The Parliament In NALAD’s opinion, the general “rules of the game” of the reform process should be laid down in the Law on Local Government Administrative-Territorial Reform. The Law should include paragraphs addressing: • The overall model of the local government territorial reform (including overall step-bystep methodology and time frame for each of the steps); • The division of roles of competences in the territorial reform process, (including the creation of institutional bodies responsible for managing the process); • Criteria for formation of new local governments; • Application and approval procedures for formation of new local governments; • State support measures of amalgamation of local governments; • The management of the local government affairs in the transition period before and after formation of new local governments. The Government According to the Law on Administrative-Territorial Division of Estonia passed on 22 February 1995, approval of proposals for new municipalities is a Government authority. Local Government Territorial Reform Commission (LGTRC) It is recommended to create a Local Government Territorial Reform Commission (LGTRC) in Estonia, as an advisory body with the following 3 functions: • To discuss, monitor and advice the Government about the overall territorial reform process; • To discuss and advice the government on concrete proposals for the basic criteria for amalgamation, new legislation, financial support measures, etc.; • To provide general information and generate public debate about the territorial reform to the local governments. This could e.g. be done through participation in public debates, publication of information materials, etc. It is suggested to include representatives from the following institutions in the Reform Commission: • The Parliament • The Ministry of Interior • The Ministry of Finance • The Local Government Associations 19 It is recommended not to let professional experts (scientists, consultants, etc.) be permanent members of the Reform Commission, but instead they can be invited to participate in relevant sessions of the Reform Commission. Local Government Territorial Reform Secretariat (LGTRS) It is recommended to establish a Local Government Territorial Reform Secretariat (LGTRS) consisting of 3-4 full time experts with the following tasks: Investigations 1. To elaborate a standard methodology for regional investigations about the possibilities for local government amalgamations in all regions of Estonia; 2. To carry out and/or monitor regional investigations about the possibilities for local government amalgamations in all regions of Estonia; 3. To investigate the experiences – good, bad, etc. – of municipalities those have already amalgamated. Assistance to the municipalities 4. To elaborate a methodology for amalgamation projects possibly in the form of a practical “Handbook on Amalgamation” including problems and obstacles, necessary paperwork, legal aspects, decision making procedures, etc; 5. To elaborate guidelines for amalgamation contracts; 6. To provide advice and support to local governments on amalgamation issues, upon demand; 7. To supervise, support and advice the proposed regional territorial reform commissions in the facilitation and co-ordination of the voluntary territorial reform process. Information 8. To provide information to the municipalities, the Government, the Parliament, the press and public about the territorial reform. Advice and proposals 9. To provide analysis and advice to the Government, the Minister of Regional Development, the Parliament and the Local Government Territorial Reform Commission during the reform process; 10. To check the formalities of the proposals on formation of new local governments and submit the proposals to the Government; 11. To prepare concrete proposals for new local governments after the period of voluntary amalgamations. Management of the proposed “Amalgamation Fund” 12. To manage the proposed “Amalgamation Fund” and to approve/reject applications to the fund based on the criteria determined by the Parliament. The Reform Secretariat can be established either as a part of the Ministry of Interior or as an independent government institution under supervision of the Minister. The Secretariat can be comprised of staff members of the Ministry of Interior working part time in the mentioned two institutions. Regional Territorial Reform Commissions Previous surveys demonstrate that the municipalities much prefer that the territorial reform process is initiated and managed by the municipalities themselves rather than by the state. It is therefore recommended that the Minister of Regional Development take initiative to establish a regional territorial reform commission in each of the 16 Estonian regions. The commissions 20 should consist of representatives from all municipalities within the region, and the aim of the commissions should be co-ordination the discussions on voluntary amalgamations among the municipalities of the region. The Regional Commissions should act independently, but the LGTRS should to some extent supervise the work on behalf of the Minister of Regional Development. It is recommended that the Minister of Regional Development appoints the chairman of each of the Regional Territorial Reform Commissions. The Legal Chancellery The experience of the first voluntary amalgamations of municipalities demonstrates that the Legal Chancellery can interfere and denounce the amalgamation contract illegal even though the contract has earlier been approved by the Ministry of Internal Affairs. In order to avoid legal problems with the amalgamation contracts at a late stage in the amalgamation process, it is recommended that the Legal Chancellery is consulted by LGTRS during the elaboration of a set of simple standard guidelines for amalgamation contracts. The legality of the final guidelines should also be approved by the Legal Chancellery. It should then be the responsibility of LGTRS to ensure that each amalgamation contract corresponds to the requirements of the guidelines. In this case the Legal Chancellery should only provide consultancy if there are cases of inaccuracy. Criteria It is recommended that the final list of criteria in Estonia is elaborated on the basis of the following guidelines: 1. The final set of guidelines should be debated and accepted by the key stakeholders and laid down in the proposed Law on Local Government Administrative-Territorial Reform; 2. As few criteria as possible. Few criteria can not cover all important aspects fully but few criteria ensure more simplicity and transparency than many criteria; 3. As unambiguous and objective criteria as possible. Unambiguous and objective criteria (e.g. minimum 2000 inhabitants) eliminates the need for long discussions later on in the process about the interpretations of vaguely formulated criteria (e.g. a “sufficient number of inhabitants”); 4. As objective criteria as possible; 5. Exceptions from the general set of criteria due to special conditions (e.g. of islands) should at an early stage of the process be approved by the Reform Commission on the basis of a recommendation provided by the Reform Secretariat. As a result the following criteria are suggested in Estonia: 1. Number of services to be carried out 2. Uniform territory 3. Large enough to carry out all services 4. More than 2.000 inhabitants 5. Infrastructure and transport 6. Sufficient economic situation and tax base 7. History and cultural unity 8. One town-one municipality 9. Geographical conditions 10. Demographic situation 11. Well defined center of the municipality. Though, this is only a preliminary list, it should be noted that some of these criteria are vulnerable and it is difficult to assess some of the criteria objectively. Creation of an Amalgamation Fund 21 The creation of the Amalgamation Fund should be laid down by law. The Government should oblige to contribute certain amount from the state budget to this fund every year until the local government territorial reform is completed. The possibility of additional donor funding should be investigated. The LGTRS should be responsible for the management of the fund and will further be delegated the responsibility to approve or reject the individual applications on the basis of criteria approved by the Parliament. Both voluntary and forced amalgamations can be supported throughout the entire period of the local government territorial reform. Two or more municipalities can apply the Amalgamation Fund for financial support of the following activities: 1. Regional investigation support; 2. Local investigation support; 3. Election support; 4. Consolidation implementation support; 5. Discharge support - The Amalgamation Fund can support the municipalities with certain amount per discharged worker, who was not found employment in the new local government unit within a year after the amalgamation was enacted; Compensation for reduction in state earmarked transfers - The Amalgamation Fund can compensate a newly amalgamated municipality the first year after amalgamation, if the state earmarked transfer to the new municipality is less than the sum of the state earmarked transfers to each of the amalgamating municipalities the year before amalgamation. Eight Steps of Voluntary Amalgamation Step 1: Initial discussions On the basis of the investigations in all the municipalities within a region groups of local governments are formed in order to start discussions about possible amalgamations. Step 2: Formation of a Joint Amalgamation Commission. The key tasks of the commission should be the following: To develop, co-ordinate and monitor a step-by-step action plan for the activities during the amalgamation process; To gather, analyze and distribute relevant information to the involved municipal councils and the citizens; On the basis of investigations and discussions to elaborate a draft amalgamation agreement and submit this to the municipal councils. The total number of commission members can vary, but the commission should consist of an equal number of members from each of the participating municipalities regardless of the size of the municipalities. The commission should include the top decision-makers from each of the municipalities i.e. the mayor and the chairman of the municipal council, as well as one-two additional municipal council members. Step 3: General investigation The Joint Amalgamation Commission can decide to carry out the general investigations itself, but the commission can also seek external assistance from the Local Government Territorial Reform Secretariat or private consultancy firms. External assistance will especially be useful, if the partners for some reasons cannot agree on the approach to be taken in the amalgamation process. Step 4: Formation of sub-commissions. 22 On the basis of the general investigation the Joint Amalgamation Commission should identify a number of core areas for detailed investigations and establish corresponding number of subcommissions. The core areas should in principle cover all municipal tasks (education, utilities, etc.) and identified problems connected with the amalgamation process (the election of the new mayor, investments and services in the future municipal centre, etc.). The Joint Amalgamation Commission should elaborate the terms of reference for the subcommissions. The terms of reference should include a description of the objective, the scope of the work, the activities, the expected outputs, the methodology to be used, the time-frame for the work, and the financial means available. Each of the sub-commissions should consist of at least one member from each of the involved municipalities. Step 5: Detailed investigations by the sub-commissions The sub-commissions can gather relevant information through questionnaires or interviews with users of the municipal services, public hearings, etc. Independent the data collection method, it is recommended to include all major interest groups and key persons in the investigations in one way or another. Step 6: Dialogue with the citizens Territorial reform is often a rather sensitive issue. If no information is available to the citizens, the municipalities risk an unqualified discussion among the citizens based on rumours and random pieces of true or false information. Hence, it is recommended that the Joint Amalgamation Commission should inform as well as enter into a dialogue with the citizens about the territorial reform process in order to receive input about the concerns and ideas of the public. It will be very useful if the Joint Amalgamation Commission elaborates an information strategy beforehand and if all the municipalities have the same strategy. The information media can vary, but it is recommended to use several written, visual and oral media (e.g. newspapers, posters, radio and public hearings). Step 7: Amalgamation agreement Based on the previous steps the Joint Amalgamation Commission should negotiate and submit a draft amalgamation agreement to the involved municipal councils. The draft amalgamation agreement should address all legal, organisational, administrative and practical aspects of a possible amalgamation, and it should include a detailed action plan for the process from the decision is taken to the amalgamation is fully implemented. To the extent possible the draft amalgamation agreement should also suggest solutions to the identified problems of an amalgamation of the involved municipalities. For instance, it should include the likely necessity of retraining part of the municipal employees in order to enable them to complete other than their present functions in a new enlarged municipality. Step 8: Decision on amalgamation The Law on Administrative-Territorial Division in Estonia stipulates that municipal councils before deciding to amalgamate have an obligation to "finding out the citizens' opinion"2, but it does not determine how to do this. Hence, the municipal councils can choose not to organise a referendum but to ask the citizens in other ways e.g. by public hearings or by using interviews or 2 This is in accordance with the European Charter of Local Self-Government 23 questionnaires, etc. The municipal council may also simply take the decision itself, as the municipal council is elected by the citizens and therefore represent the opinion of the citizens. A referendum clearly has the advantage of being a very direct way of practising democracy. 5. The goals and criteria of municipalities consolidation The number of legislatively formed municipalities in Armenia is very big and as a result of this the financial, human and material recourses become fragmented. Therefore many municipalities are unable to implement the responsibilities legislatively assigned to them. The possible solutions of this problem are: 1. Significant increase of the financial support to municipalities. This is unrealistic in coming years because of current financial potential of Armenia. 2. Implementation of municipalities' consolidation which will lead to the consolidation of human, financial and material recourses. The consolidation will provide minimization of administrative costs and will lead to the entire realization of local self-government responsibilities in more municipalities. The goals of municipalities’ consolidation are: 1. Achieving more economy of scale; 2. Provision of basic municipal responsibilities’ implementation and creation of the necessary base for transferring the additional ones. In order to reach these goals it should be taken into consideration the following two factors: based on economic reasons implement as deep consolidation as possible and provide accessibility for population to local self-government bodies and services that they are provided. Based on the above mentioned goals the following principles are applied for consolidation: 1. Economic expedience; 2. The accessibility (closeness) of local self-government bodies to population. The economic expedience implies minimization of municipal staff related expenses as a result of consolidation. Therefore the amounts directed to service delivery will increase. In addition the effective using of human and material recourses should be also provided. On the other hand the consolidation of municipalities is limited by accessibility of services for population. For instance, if the consolidation is implemented only for achieving more economic expedience, so the higher minimization of administrative costs will be shown in case of minimal number of municipalities. Although, in this case population will lose the opportunity to receive qualitative services due to their distance. The mutual implication of these two principles will allow finding the best solution of consolidation. In the bases of above mentioned principles and international experience, as well as taking into account peculiarities of Armenia below is proposed the criteria of municipalities` consolidation. Criteria for Consolidation of Municipalities Consolidation of municipalities is implemented based on the following criteria: 1. Existence of common administrative boundary of consolidating municipalities; 2. Center of the newly formed municipality should have central position comparing with consolidating municipalities, at least 1.000 inhabitants and infrastructures; 24 3. Distance of settlements from the center of the newly formed municipality should not exceed 5 km; 4. There should be minimum infrastructures (kindergarten, primary health care clinic, culture center/club) necessary for implementation of local self-government bodies` mandatory responsibilities and school, in the newly formed municipalities; 5. Existence of roads for the organization of public transportation among settlements of the newly formed municipality 6. Existence of joint governing body in past (rural soviet, settlement soviet, city soviet) of settlements of the newly formed municipality; 7. Compatibility and mentality of inhabitants of the newly formed municipality’s settlements. 25 6. Annexes Annex 1 Criteria of Assessment of Local Self-Government Units’ Viability in Different Countries Estonia Number of services to be carried out Uniform territory Large enough to carry out all services More than 2.000 inhabitants Infrastructure and transport Sufficient economic situation and tax base History and cultural unity One town-one municipality Geographical conditions Demographic situation Well defined center of the municipality Denmark One town-one municipality Municipalities will be economically sustainable Municipalities will have a sufficient size to be able to provide the basic municipal services in a rational way and with good quality (it is meant minimum 4.000-6.000 inhabitants in municipalities and 200.000 inhabitants in counties) To the extent possible municipalities will have industrial and commercial basis for future development To the extent possible municipalities will have a clear geographical territory with a natural center To the extent possible no acting municipalities will be split during formation of new municipalities Latvia Long-term development of local selfgovernment unit Revenue basis Existence of infrastructure necessary for provision of services Number of inhabitants Economic, geographic and historical unity of local self-government units Access to local services Other conditions proposed by regional council 26 Southe Africa Democratic and accountable government Equitable provision of services to the communities Promotion of social and economic development Promotion of healthy environment Ability to undertake integrated development Sufficient tax base Annex 2 Municipalities’ Consolidation Criteria in Estonia and Latvia Latvia The minimum number of population shall be 5.000 inhabitants There shall be a developed center with at least 2.000 inhabitants Distance of the settlement from the municipality center shall be no more than 30 km Road access connecting all parts of the municipality to the center Estonia In general, the population of a local selfgovernment unit will be more than 3.500 In a rural municipality locating in the vicinity of the city, the minimum number of the population will be 4.500 Cities and settlements with less than 10.000 inhabitants have to belong to the “rural municipality” category Local self – government unit will be formed as a whole unit with one or several closely interrelated centers In case the links of different parts of a municipality of any size are tighter with neighbor municipalities than those between themselves, such parts shall be incorporated to corresponding neighbor municipalities Annex 3 Change in Number of Municipalities in Different Countries Country Lithuania Sweden Denmark Belgium Great Britain Germany Netherlands Austria Norway Finland Spain Latvia France Switzerland Poland Japan South Africa Jordan Canada (Ontario) Australia (Victoria) Greece USA Number of municipalities before consolidation 1990 581 1950 2 281 1950 1 387 1950 2 669 1950 2 028 1950 25 930 1950 1 015 1950 3 999 1950 744 1950 547 1950 9 214 1990 570 1945 38 814 1950 3 097 1972 8000 1998 3232 1997 843 2000 328 1995 815 1992 210 1996 5825 1951 67355 27 Number of municipalities after consolidation 1996 56 1992 289 1992 275 1991 589 1999 467 1994 14 808 1998 572 1992 2 301 1992 439 1993 455 1992 8 082 2001 552 1990 36 763 2001 2 880 1975 2500 2006 1821 1998 299 2001 99 2004 445 1995 78 1999 1033 1982 14851 Change -90% -87% -80% -78% -77% -51% -44% -42% -41% -17% -12% -3% -5% -7% -69% -44% -65% -70% -45% -63% -82% -78% Information Sources 1. The Law on Administrative-Territorial Division of Armenia 2. Poverty Reduction Strategic Program of Armenia (PRSP 1) 3. Draft of the reviewed variant of the Poverty Reduction Strategic Plan (PRSP 2)20072021 4. Government Plan of the Republic of Armenia (2007-2012) 5. www.cfoa.am 6. www.logincee.org 7. Local Government Territorial Reform in Estonia – Roles, Criteria, Procedures and Support Measures. National Association of Local Authorities in Denmark, the International Consultancy Division. 1999 8. Latvia Beyond Territorial Reform. World Bank, Report No. 25466-LV. 2003 9. Local Government Reform in the Baltic Countries. Edvins Vanags, Inga Vilka. 10. International Experiences in Territorial Reform – Implications for Indonesia. Gabriele Ferrazzi. 2007. 28
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