Prepared By

Ayman Okeil
Study staff
Mohamed Abo Alwafa

Hagr Ali

Mohamed Shaaban

Eman Sobhy

Local People's Councils

the reality ... the problem ... the solution

About Maat
The Vision :
Under the umbrella of what our country witnesses recently such as
intensifying reformation claims, dedicating the concept of the state
of institutions, the sovereignty of the law and the positive steps
that have been taken towards supporting democracy. Therefore, it
is our duty to have our own role to protect the democratic gains
and in performing positive role in pushing the reformation march
forward.
Thus, Maat center attempts to raise a generation that believe in the
positive participation in general affairs and in developing and
activating the laws related to these affairs.
Hence, Maat centers great concern is to increase legal awareness
among the youth in general and the youth lawyers in particular to
qualify them and to guide them to the right path to be able to
deliver their message in the society sufficiently and peacefully.
Moreover, Maat attempts to propagate, establish and strengthen
the concept and culture of democracy and peace among the
Egyptian community, especially youth, women and The
Christians.
Therefore Maat endeav ors to achieve the following objectives:
1- To propagate, enhance and strengthen the culture of peace,
democracy, human rights, denouncing violence and combating
crime and corruption.
2- To activate the international charters and agreements that
support the everlasting and justice peace as well as human rights
and increasing the general awareness of it.
3- To enhance and encourage the democratic actions, the aware
ruling and the sovereignty of law.
{x2yz

Local People's Councils

the reality ... the problem ... the solution

4-To increase the citizens awareness of the legal and

constitutional rights.
5- Increasing the awareness of the youth leadership in the civil
community institutions and training them.
6-To prepare studies and researches to contribute in developing
the legislative building.
7-To offer legal and judicial support to the oppressed classes
before the specialize bodies and holding the symposiums
,conferences ,workshops ,training courses awareness companies as
well as publishing books ,reports and shifts and preparing field
researches and studies concerning Maats activities and enhancing
coordination , cooperation and exchanging experiences among the
civil community institutions, local, regional and international
organizations.

Mechanisms:
Maat in achieving its aims depends mainly on the coming
mechanisms:
1- Suing the judicial cases and offering legal help and support.
2- Observing the violations of human rights and confronting them
legally.
3- Holding legal awareness campaigns to improve general
participation and human rights.
4-Holding campaigns to publish the culture of peace, denouncing
violence and the culture of others acceptance.
5-preparing legal and constitutional researches and studies.
6- Publishing legal booklets and reports.
7-Holding training courses, workshops, symposiums and
conferences.
8-Establishing legal library to help the scholars in the field of
human rights.
{x3yz

Local People's Councils

the reality ... the problem ... the solution

Summary
The local people's councils in Egypt at its various levels is the
first school which educates citizens A B of policy, as it allow
opportunities for participation, the existence of local
government is a result of the expansion in the functions and
duties of the modern state, and the expansion of the rights of
citizens.
There are many visions in the Egyptian society with regard to
the development of the whole local system and the trend
towards decentralization and activating the role of local people's
councils in the control of the executive bodies and giving it
greater powers and broader what is good for the development of
local comprehensive, as preparations are underway for a new
law on local administration maybe carries a lot of amendments
to the existing structure.
The study was divided into seven main chapters as follows:
Chapter one: Basic concepts of local development: This
chapter dealt with the following concepts:
1- The concept of local administrative, the difference between
the local administration in the developing and developed
countries:
As the local administrations in developing countries tend to be
tools in the hands of the central departments, in developed
countries it is contradictory with each other, but it enjoy with
technical and financial capabilities and relatively high levels of
specialist.
{x4yz

Local People's Councils

the reality ... the problem ... the solution

2- The concept of decentralization:

Decentralization is developmental philosophy and a tool
enabling people to participate in decision-making related to the
development of their communities for their own benefit,
decentralization mainly mean on the transfer of powers and
authority of the highest central levels to lower local levels,
decentralization is divided into three types which are,
Geographical decentralization, Functional decentralization,
Political decentralization.
3- The concept of local development:
Local development is a group of policies and projects and
programs carried out in accordance with general directions to
make intended and desirable change in the community to raising
the standard of living in those communities by improving the
income system which is a comprehensive process and as it
looks like an economic process, however in its eventual goal
social goal.
4- Local development partners:
Dealing with the issue of development must be carried out
through cooperation between different actors through planning
as the planning process is inevitable for the development, there
is no doubt that the breadth of the concept of partnerships and
its multiple has become a challenge to the various countries in
order to bring about comprehensive and continuing
development.

{x5yz

Local People's Councils

the reality ... the problem ... the solution

5- Good governance of the local administration:

The use of political power and exercise control over the local
community, in order to achieve economic and social
development, the elements of this governance: Participation Accountability - Legitimacy - Efficiency - Effectiveness Transparency and Response.
6- Local Leadership:
The local commander is the key element in the administrative
system as he is one of the few who possess a full knowledge of
the system and can influence it.
7- Popular participation in local administration:
Mean the participation of citizens as individuals or groups with
officials and administrative bodies in determining the needs and
priorities for the community and the best means to achieve
these requirements.
Chapter Two: Local government - Historical Vision:
A chapter concludes that there are three forms of state which is
the United state, Federal State, Confederal State, the central
government and local authority has variety resources which
could be in its interest also may be used against its interest, the
most important of these resources are the legislative resources,
Political resources, financial resources, the legal constitutional
resources and information resources.

{x6yz

Local People's Councils

the reality ... the problem ... the solution

The chapter reveals the existence of a growing desire for the

time being to broaden the base of citizen participation in
making and decision-making, and the nature of the participation
of citizens depends on the quality of decisions and structural
changes which taken with a view to increasing the participation
of citizens in the local authority Politically and administratively
by creating accessible small units, it can also play a positive
role in the revitalization of the local concerns and interests.
The local governance is an effective means of development like
the public agencies, also. The types of services provided by
local authorities are various and differs from one country to
another, and the primary objective for which the local
governments have been established in its various forms and
patterns since the Middle Ages is to provide services for
citizens, the comfort of the housing, public education , the
establishment of sewage systems , drinking water supply,
construction of roads etc, the provision of such services and
other absorbs most of the funds received to local government
coffers in the form of taxes and grants, it is clear that some of
the services the local Government is committed by law to
provide it such as services of children education in most
countries of the world.
Chapter three: Models of local government in the world:

First: The local system in France:

Local administration System in France consists of three levels:
Municipalities, provinces, regions and the number of
municipalities in France are 37,000 municipality, to about 65
million people, and all the municipalities are homogeneous in
terms of competencies and levels, with the exception of Paris,
{x7yz

Local People's Councils

the reality ... the problem ... the solution

Lyon and Marseille The French local units including

municipalities characterized by independent moral personality
of the powers of the central state, in addition to it being run by
the elected members, there is no reason to appointing of some
of them.
Second: The local system in the United Arab Emirates:
National Constitution define the division of power between the
Federal Government and the Governments of each emirate,
there is no higher authority or a Ministry supervise the
Municipal Affairs both at the confederal level or at the level of
one emirate as a result of each emirate is considered as a
separate unit internally, municipalities are responsible for
achieving the objectives of the confederal Government Emirates
has taken a one level local system, There are 8 municipalities in
the State, a municipality in each emirate.
The local authority at the level of the emirate composed of
municipal council and to propose regulations, decisions and
orders. The second authority is the executive authority
represented in the executive branch and the composition of
these two branches of the municipal councils the strength of
local government vary depending on the size of the emirate and
its population number.
Third: The local system in Kingdom of Saudi Arabia:
Kingdom is divided into 13 regions: each region has a
Governor. The King appoints those governors who are
responsible directly to him. Most of the governors are from AlSaud family, areas divided into municipalities as the number of
municipalities in the Kingdom 178 municipality.
{x8yz

Local People's Councils

the reality ... the problem ... the solution

The Kingdom like most of nations of the world has intended to

develop systems and especially the system of governance and
administration, this development represented in the adoption of
the three important systems which are : Basic System of
Government, and the Shura Council system, and regions
system, which considered the most recent attempts to develop
the local administration in Saudi Arabia, it includes two main
axis, the first is to identify them in the local management
structures, the second expansion of participation in decisionmaking at the regional level through the establishment of
regions councils.
Fourth: The local system in Yemen:
The system of local authority in accordance with the provisions
of the Constitution and the law depends on the principle of
administrative and financial decentralization and on the basis of
the expansion of popular participation in decision-making and
management of local affairs in the areas of economic, social
and cultural development through elected local councils and the
powers of these councils to propose programs , plans ,
investment budgets for administrative units and the exercise of
its role in the process of implementing the plans and
development programs, as well as the people's control and
supervision of the executive organs of the local authority and
accountability and liability.
Republic of Yemen divided into (21) governorate, the
governorates are divided into (333) Directorate, which divided
into (2200) district, and (36986) village and (91489) alley, the
number of local departments (5620) local Service (polling
stations).
{x9yz

Local People's Councils

the reality ... the problem ... the solution

And administrative units have enjoyed with legal personality

and has elected local councils have been freely, equally and
directly elections at the level of the governorate and the
Directorate and exercise its functions and powers within the
administrative unit, it makes proposal of the programs, plans
and investment budgets of the administrative unit, the territory
of the Republic of Yemen divided to an administrative units in
accordance with the administrative division of the Republic, the
law issued in its trend its divisions and numbers and borders.
Fifth: local system in the United States:
United States is a federal state, characterized by a radical
decentralized management pattern in its decentralization even
the government units or local administration namely the states :
is a political and administrative entities enjoy a large measure of
autonomy in the conduct of local affairs, there are three levels
of local government which are states , districts and
municipalities, in sometimes addition to these levels there is a
particular level is governorates located between the state and
the district, in addition to the municipalities what is known as
Special Areas, which are units of local government on a certain
issues.
There are 87,000 local governments, include 3,034 governorate,
19,498 district, and 30,000 Municipal, in addition to 35,000
special area dealing with specific issues such as protection from
fire. And its activity at the level of federal government or state
level, the local governments directly meet the immediate needs
of the people, and provide all the services of police, fire
protection, Education, public transport and housing.
{x10yz

Local People's Councils

the reality ... the problem ... the solution

Chapter Four: Local people's councils in Egypt

(Administrative status ... The legislative framework)
The basic regulations of the local administration in Egypt
represented in Local administration units , Economic regions,
the Secretariat of the local administration, and the Supreme
Council for the local administration, the Act defines the units of
local government with governorates, districts, cities and
neighborhoods and villages and each have its legal personality.
The historical
municipalities:

development of legislations governing

Egypt is one of the oldest nations which knew the local

administration, the first knowledge of the local administration
when Napoleon Bonaparte divided the country into 16
Directorate after that Mohammed Ali Divided it into 14
Directorate and every Directorate divided into several centers.
And part three of the Constitution regulating the work of local
administration where the articles (161), (162), (163) stated that
division of the Arab Republic of Egypt into administrative units
have legal personality, Article (76) as modified of the
inevitability of consent of a certain number of members of local
people councils on the Independent candidate for the
presidency, as the Article stated that" President of the Republic
shall be elected by direct secret ballot". The nomination for the
presidency, the representative should be supported by two
hundred and fifty members at least of the elected members of
the People's Assembly, Shura council and Local people's
council in the governorates".
{x11yz

Local People's Councils

the reality ... the problem ... the solution

And regulating the work of local people's councils and sets out
its terms of reference, composition and organize its elections by
the Act No. 43 of 1979 as amended by Act 49 of 1981 as
amended by Act 145 of 1988 as amended by Act 9 of 1989 as
amended by Act 84 of 1996.
Local people's councils in governorates:
Article (10) of the Local Administration Act 43 of 1979 stated
that in each governorate a local people Council formed from ten
members from each center or administrative division, the law
specifies the terms of reference for local councils in the
governorates in Article (12), where the local popular council in
the governorate within the limits of the general policy of the
State , responsible for control over the various facilities and
business within the jurisdiction of the governorate and may
request through the governorate any data on the activity of other
productive and economic units and other working in the
governorate, and also overseeing the implementation of plans
for local development as laid down by law and the Regulations.
Local people's council of the centers:
Article (39) of the Local Administration Act 43 of 1979 stated
that each center, a local people council is formed in it the city
capital of the Center represented in by twelve members, the city
which includes more than one administrative department
represented by fourteen members, and Article (41) determined
powers of the local People's Council of the Center where the
local people's council of the Center within the scope of the
general policy of the governorate to take care of the supervision
and control of the local councils of cities and villages located
within the Center and ratification of its decisions within the
{x12yz

Local People's Councils

the reality ... the problem ... the solution

limits determined by the Regulations, and control of the various

facilities of a domestic nature which serving more than one
local unit in the Center.
Local people's council of cities:
Article (47) of the Local Administration Act 43 of 1979 stated
that "a popular local Council is formed in each city, each
administrative section represented by fourteen members, and
the city with one region is represented by twenty four
members", Article (49) stated on the powers of the local
People's Council of the city where it takes control and supervise
the District Councils and coordination between each other and
control the various facilities at the local level of the city.
Local people's councils of the districts:
Article (59) of the Local Administration Act 43 of 1979 stated
that" in each district a popular local Council is formed where
each administrative section represents by twelve members, the
local People's Council of the district includes one administrative
section represented by eighteen members", Article (61) stated
that" local people's council of the district within the scope of the
general policy of the city responsible for the control and
supervision on the various facilities at the local level in the
district-wide.
Local people's councils of the villages:
Article (66) of the Local Administration Act 43 of 1979 stated
that" every village represented a local unit formed a local
people council of twenty-four member" Article (68) stated that"
the local People's council of the village in the scope of public
{x13yz

Local People's Councils

the reality ... the problem ... the solution

policy for the Center responsible for control and supervise the
various facilities of a local nature and responsible within the
limits of laws and regulations of the proposal to the village
development plan economically, socially, and proposal of
budget draft, and adoption of the final Balance sheet draft,
propose means of popular participation and the self potential
scope of the village to raise its level, work to raise agricultural
awareness in order to improve and diversify agricultural
production, and propose the establishment of various public
utilities of the village, and work on literacy, family planning ,
youth care and the deepening of the religious and moral
values".
Chapter five: local people's council elections, "Reading of
the councils of 2008":
The beginnings of the election system of in the local people's
council were in 1909. The localities have been recognized for
its moral personality it was composed of Major Shareholders
(the elected) and senior staffing (the appointed) also the
foreigners were part of appointed and elected local councils.
Act No. 50 of 1981 introduced an election system by party lists
in the formation of the People's Councils and added some terms
of Powers for some of the members of the People's Councils
and gave it some powers which had been withdrawn from it,
and Act No. 168 of 1981 which combined between the election
with the party-list and individual election and abolished the
mandatory representation of women in the formation of local
people's councils.
It was assumed that the end of the session of elected local
people's councils in (2002) in April of the year (2006),
{x14yz

Local People's Councils

the reality ... the problem ... the solution

However, the Egyptian parliament has approved in the

(February 14, 2006) by the majority of (348) votes compared to
(106) votes on a proposal by President Hosni Mubarak to
extend the work of local councils for two year, so the
government justified postponing the elections in order to give
time to amend the law governing the management of localities
to have broader powers to the detriment of the centralization
which executive bodies suffered from, by developing an
alternative electoral system for the individual system which is
difficult to elect this huge number of candidates which reach
(53) thousand members, and to apply President Mubarak
electoral program which requires some time, which did not
happen, the government justified the delay because of the
amendments to the law of local administration, but all this did
not happen and the elections was done under the old law.
The election came after the adjustment of package of
Constitution's articles, the president's speech Confirmed to the
parliament that the purpose of the amendments is to support
local authorities and the trend of administrative decentralization
and grant the authorities for it to enable it to perform its role.
The local administration law and its amendments allows broad
powers to the Minister of the Interior and the Governors in the
organization of the stage of opening the door for nominations
and the development of the rules governing it and requested the
necessary documents to prove the validity of nomination
papers.
This election has characterized with the weakness of the
representation of the forces and opposition political parties, no
one has been able to complete the required number for each
{x15yz

Local People's Councils

the reality ... the problem ... the solution

constituency, all parties except the national party were unable to

provide candidates covers constituencies or even (1%).
Before the start of the election battle, the National Democratic
Party had resolved (70%) of the seats by recommendation, after
the election, the proportion rose to more than (95%) while
opposition parties won only a very limited number of seats and
the rest were for independent, some human rights organizations
that monitored the elections noted number of observations
during the electoral process, the most significant was the
absence of full and independent judicial supervision of
elections, and the reluctance of citizens to participate in the
electoral process, The real abuses in the electoral process
represented in the violations occurred during the registration
and the go for the candidature as some of them were prevented
from nominating.
Chapter six: Civil society and participation in local
governance:
Civil society organizations is a free group of volunteer
organizations which fill the public sphere between the family
and the State, which in between the kinship organizations and
institutions of the State in which no choice in its membership",
these free volunteer organizations established to achieve the
interests of its members or to provide services to citizens or to
exercise a variety of humanitarian activities, is committed in its
presence and activity of the values and norms of respect ,
mutual accommodation and tolerance, participation and the
peaceful management of diversity and difference.
There are two ideas to help highlight the issues associated with
the involvement of civil society in local governance are:
{x16yz

Local People's Councils

the reality ... the problem ... the solution

Coverage and empowerment of civil society, and coverage

includes both the two political processes: participatory
democracy and objectives, and empowerment means to pass
new capabilities, and the establishment of new institutions and
the promotion of new ways of working within the scope of
existing organizations.
Most of the literatures agree that the participation of civil
society contribute to better identification of needs and demands
and to increase efficiency in the implementation, in addition to
promoting sustainability and social harmony.
The main result of the failure to involve civil society in local
governance is the proliferation of slums and non-equal quality.
And these factors often operate as retardants for investment and
competitive.
Building a partnership of civil society in local governance
raises a number of challenges, most importantly, identifying the
parties of the legitimate dialogue among the population group ,
to identify participatory channels, block the full participation of
women, the lack of appropriate legislation governing the civil
organizations, especially in the Arab region, and the corruption
of local organs, which may lead to the deliberate of removal of
stakeholders on the context of local decision-making.
Citizen's Voice Project: a model of partnership between
civil society and local authorities:
Citizen's Voice Project is a developmental project implemented
by "Maat" in collaboration with the Foundation for the Future;
this project represents a living embodiment of what should be
the role of civil society in local development the relationship
{x17yz

Local People's Councils

the reality ... the problem ... the solution

must be established between civil society organizations on the

one hand and local councils on the other hand and citizens at the
local level in third hand.
The works in citizen's voice project is based on a set of human
rights mechanisms and effective development, and rarely use
and employ in one developmental activity, these mechanisms
are, Community mobilization, Networking and partnership,
Training, Enlightening seminars, Hearing sessions, Institutional
support, Studies and Research.
Chapter seven: the problems of local people's councils in
Egypt and the vision of the solution:
First: the problems of the local system in Egypt
1 - The management problems: the most important are: the
tendency to centralization, Overlaps in the functional structure,
inherited administrative boundaries, and the reduction of the
effectiveness of local administrations.
2- Residential problems.
3- Continuous adjustments and changes in local systems.
4 - Low level of financial empowerment of the local units.
5 - Double subordination which directorates' services is
subjected to.
6- Lack of powers of the Governor on the departments that were
not move into competence of the governorate.
7- Constraints related to the local executive leadership are:
A) Dependence on the traditional management style.
B) The lack of perception of human resources.
{x18yz

Local People's Councils

the reality ... the problem ... the solution

C) The leaders adopt the management by the power.

D) The absence of a vision and strategic objectives.
E) The tendency to resist change.
F) Duplication of local development policies(the case of "
shorouk " program for rural development)
Second: the problems of local people's councils
1- Marginalization of local people's councils.
2- The weakness of the regulatory tools.
3- Inadequate method of representation in local people's
councils.
4- Poor participation in local elections.
5- Poor representation of women.
6- The absence of independency and the multiple levels of
supervision.
7- Poor representation of political parties.
8- Low cultural level of the members of the local people's
councils.
9- Weakness of the financial resources of the local popular
councils and members.

Third: a vision to solve the problems of local people's

councils:
1- Some reforms in the legislative structure:
Various legislative changes should be in line with the trend
towards decentralization which requires a statements provision
{x19yz

Local People's Councils

the reality ... the problem ... the solution

to enable local people's councils to participate in the planning

and implementation of local development programs, and to give
greater powers to the members of the local people's councils
and the reform of the electoral system and modify the terms of
the nomination, one of the most significant proposed
amendments to the Local Administration Act 43 of 1979 in this
regard the following:
- Amendment of Article (3) of the Act to delete the segment
which says that it should be a half of the members at least of the
workers and peasants.
- Amendment of Article (11) of the Act to delete the segment
which says that it should be one of the agents of the local
People's council of the workers and peasants.
- Amendment if some of the paragraphs of Article (12) of the
Act to increase the powers of the local People's council in the
taxation of a domestic nature and plans for the maintenance of
order and local security.
- Amendment of Article (19) of the Act to delete the segment
which say that it should be the governor may be put someone to
respond to questions posed to him like the heads of departments
and public bodies, and compel the governor to respond in
person.
- Add an article to the law states that the granting of the right to
provide interrogation for members of local councils of the
governorates.
- Amendment of Article (40) on the election of the Chairman
and the local agent of the People's council of the Center by
{x20yz

Local People's Councils

the reality ... the problem ... the solution

cancelling the segment saying that the President or the agent

must be of the workers and peasants.
- Amendment of Article (48) on the election of the Chairman
and the local agent of the People's council of the city by
cancelling the segment saying that the President or the agent
must be of the workers and peasants.
- Amendment of Article (60) on the election of the Chairman
and the local agent of the People's council of the neighborhood
by cancelling the segment saying that the President or the agent
must be of the workers and peasants.
- Amendment of Article (67) on the election of the Chairman
and the local agent of the People's council of the village by
cancelling the segment saying that the President or the agent
must be of the workers and peasants.
- Amendment of segment (4) of the article (76) the need of the
candidate to gain a qualified educational level.
- Amendment of Article (78) on the formation of committees to
receive nominations applications of the membership of the local
people's councils and the preparation of candidates lists to be
the resolution of the formation of the committee issued by the
Election Commission which provides its establishment the Law
of the exercise of political rights.
- Amendment of Article (90) to allow members to charge
remunerative allowances for burden they are incurred.

{x21yz

Local People's Councils

the reality ... the problem ... the solution

- Amendment of Article (145) on the dissolution of the local

people's council of the governorate or other local administration
units to state on the approval of the People on the decision.
2- To do some reforms in the electoral process :
The most important is to facilitate procedures the extraction of
election card, and to reform the procedures of the electoral
process to become more fair and transparent, the expansion of
judicial supervision on it and update the database tables to
ensure purification and updated of the electoral lists.
3- Some reforms to strengthen the participation of women:
The most important recommendations in this regard the
adoption of electoral systems that support the participation of
women in order to ensure increased representation of women in
the electoral boards, proportional voting lists proved its
successful in that, and the adoption of media speech aimed at
changing the stereotypes of the role of women as a house wife
and focus on its roles as a partner in management and
governance, and the allocation of seats for women in local
people's councils as in the recent legislative councils.
4- Some reforms to strengthen the participation of parties in
localities:
The most importantly the introduction of proportional voting
lists in local elections to ensure greater representation of
political parties, and allow freedom of movement and the
organization of events and activities for parties in local units
with its different levels and not to put administrative and
security restrictions on it.
{x22yz

Local People's Councils

the reality ... the problem ... the solution

5- Activate the participation of civil society in local

governance:
One of the most important recommendations here are to change
the legislations governing civil society to come in line with the
expected role of these organizations in light of the trend
towards decentralization and the empowerment of local units,
and to pay adequate attention from governmental and nongovernmental organizations on the spread of the culture of
decentralization and good local governance among citizens at
the local level, Finally, spread the culture of participation and
the definition of their importance in building the local
community characterized by a high rate of development.
6- Work to increase the capacity of local people's councils:
This by holding training courses for members of elected local
councils and the repetition of these courses in order to
understand the duties and rights and the limits within the local
law, holding special and advanced training courses to the heads
of local people's councils at all levels, because of the significant
impact of the heads of the boards to the rest of the membership
on the one hand and their pivotal role in activating the powers
of the council, on the other hand.

{x23yz